Exploration For Rural House Circulation System

During the background of development between city and town, there are importanttheoretical significance and practical value to research the issue of rural house circulation. It’sbenefit for reformation about deepening rural land system, and also benefit for protectinglegal property and right of peasant, getting the property value, and improving the developmentof social economy.The issue of rural house circulation is never only a legal issue. The activity of rural housecirculation refer to collective ownership, land and “Three Nong” issue, so that nationalopinion participate due to weak ability of peasant. In our nation, rural house circulation alsocan be the adjustive target for economic law. This article abandon the opinion only from theangle of people, commerce, law to discuss the rural house circulation, and involve theeconomic law which reflect that state conduct the social economic life to the research of ruralhouse circulation system.This article argue the rural house circulation system according to “raise question–analyze question–solve question”. After analyzing the issue of our nation currently regardingto rural house circulation law system and legal practice, we offer a proposal about systembuilding. When the article introduced the concept of rural house circulation and the systemhistory, firstly, we order the current system, propose some potential issue of current system,for instance, rural house circulation system lag behind social development, the level is lowand indeterminate about rural house circulation system, limiting the negative effects aboutrural house site circulation system to rural house circulation and the effects of register systemmissing. Secondly, analyze rural house circulation system by law, through system and legalpractice. Analyze the system mainly use jurisprudence and economy law, and analyze theproblem of house site use right through the principle of “house and land in one”, from theconflict between public right and private right, order and justice, safeguard function andproperty value. Regarding to analysis by law about the legal practice issue, mainly from case,find the evidence if the contract is available. And then assess it from personal value and socialvalue. Finally, create the rural house circulation system according to Fair voluntary and stateappropriate intervention.This article base on adaptation and criticism, using civil and commercial law andeconomic law, make a comprehensive and systematic state about the rural house circulationsystem. Base on protecting peasant’s legal right, realize rural house property value.