Transfer Of Land Use Right: Problems And Countermeasures

Rural land system in China is the product of historical development,from the beginning of setting up will bear the function of social security.Behind the political economy of rural development in developing heavy industry background, the people of the right to use house sites range strictly limited in this economic organization with a stable rural economic role.However, along with the establishment and perfecting of market economy system, between the urban and rural population flow of resource elements,such as more frequent, the system arrangement has seriously deviated from the rules of market economy itself, makes the rural housing land idle and waste, exacerbated the contradiction of population and land on the whole.At the same time, under the principle of real estate which limit the transfer of the right to the use of house-site in the countryside, is a disguised form of limit the transfer of the farmers’ houses, damaged the realization of farmers’ property rights. The18third session of the plenary session considered by all the communist party of China decided to put forward the usufructuary right to safeguard farmers’ right to use house sites, improve the rural land system, selection of pilot, allow rural housing land use right transfer of mortgage, etc., it pointed out the direction for the reform of housing land use right transfer system.Since2007The property law of the People’s Republic of China The right to use house sites is regulated as a kind of usufructuary right after one of the most important decision.Any reform will have some risk, however, is a matter of more than800million farmers and well-being of the land system reform is no exception.However, this reform involves the various benefit relations adjustment, need we full of housing land use right transfer, and allowing farmers to free transfer.At the same time, by perfecting the relevant legal norms, to carry out the registration of change, build a real fair way of profit distribution, etc., to ensure smooth and orderly transfer of use right of the land system reform.