Law Problems Study On The Rural Residential Circulation

With the continuous progress of China’s new rural construction,rural residential turnover increasing number increases every year,which triggered the dispute. Currently, the laws and regulations ofthe rural residential clutter of rural residential transfers,"Property Law" draft had formally adopted the text of the law becauseof controversial deleting the related provisions led to the currentrural residential the circulation still lack actionable nature ofthe legal basis. The lack of rural residential turnover legal systemhas seriously hampered the transformation of the economic structure.Implement the concept of rural housing legislation changing the legalsystem in rural areas, economic system of innovation is to resolvelegal issues rural residential circulation reality.Under the condition of market economy, farmers’ housing can begoods and market circulation, is directly related to farmers’property can be converted into assets, in turn, converted to capital,and further appreciation, realize farmers’ property income, increasefarmers’ income channel, so as to rich farmers. So this articleresearch has the very vital significance. Full text in addition tothe preface introduces the basic situation of essay writing, the text is divided into four parts, respectively, to our country ruralresidential circulation general issues, legislative and judicialstatus quo of rural housing circulation, rural residentialcirculation necessity and feasibility as well as the improvement ofthe system of rural residential circulation and other issues to bediscussed.The first part of the general problem of rural residentialcirculation. This chapter focuses on the meaning of the transfer ofrural residential herein rural residential housing and ancillaryfacilities to the farmers built on the homestead, without includingfactory built in the rural construction land, township enterprises.Also introduced China since the founding of the historical changesof the system of rural residential and rural residential turnoverexist expressions.The second part, the the rural residential transfer oflegislative and judicial practice visits. This chapter focuses onthe legislative status quo of China’s rural housing and judicialpractice situation, pointed out some problems and shortcomings ofexisting legislation of the circulation system of rural residential;In addition, the analysis of rural residential turnover on the type of disputes and judicial practice in the processing of residentialcirculation disputes in rural areas and the existence of the problem.The third part, the necessity and possibility of the furtherliberalization of the circulation system of rural residential. Thechapter by theoretical controversy academia circulation in ruralresidential, transfer system, further opening up the ruralresidential necessity in the modern property rights trends, ruraleconomic development, as well as by analyzing the current laws,policies and social foundation etc. pointed out that the furtheropening up of the feasibility of the transfer of rural residential.The fourth part, perfecting the legal system of rural residentialland. How to promote rural residential health, orderly transfer isthe priority among priorities of this paper, but also the purposefor this research. The author thinks, should further improve therural housing transfer system, first of all is the need to improvethe rural homestead system, the current situation can be establishedbefore the homestead of statutory tenancy system, established on thebasis of house sites, for the paid use system, and further expandthe homestead right of use circulation subject scope; second is toclear the rural housing transfer rules, including other rules of rural residential right rules, rules of real right change; the lastis to perfect the related system of rural residential land, such asstandardizing the rural house circulation market, improve the ruralresidential land supervision system and the social security system.