On The Circulation Of The Use Right Of Rural Housing Land

Since the law of land administration of the People’s Republic of China promulgated,the legislation in China has been adhering to the indemnificatory function of rural housing land, taking the right of using housing land as peasant’s living guarantee and banning its circulation. The Third Plenary Session of the18th CPC Central Committee adopted the Decision on Major Issues Concerning Comprehensively Deepening Reforms which offered some relevant advice on the reform of rural housing land; this has triggered heated debate about the rural housing land circulation among the public and the field of law. The author embarks from the basic theory, takes the practice of rural housing land transfer in the experiment area in China into consideration and proposes in favor of the limited circulation of the right of use of rural housing land and put forward some ideas on the specific regulation. This article will be divided into the following parts:The first part, generalizes the basic related conceptions of the right of using rural housing land and analyzes and divides the ownership of the use right and proprietorship of rural housing land from different historical periods around the founding of the PRC.The second part, analyze the current legislative of the transference,mortgage and inheritance and the difficulties encountered in each practice of rural housing land.The third part, takes comments on the practice of rural housing land circulation in four pilot cities:Tianjin, Chongqing, Chengdu and Guangdong.The fourth part, analyze Prohibited Circulation Theory, Limited Circulation Theory and Free Circulation Theory proposed by the theorists on rural housing land and the author favors the limited allowance of the circulation of the right of use of rural housing landThe fifth part, illustrates the reasons of the limited allowance of the circulation of the right of use of rural housing land including two aspects. The first one is to discuss the necessity of the circulation of the use right of rural housing land based on the Decision on Major Issues Concerning Comprehensively Deepening Reforms adopted in the Third Plenary Session of the18th CPC Central Committee. The second one is to profoundly analyze reasons why add restrictions to the circulation.The six part, specifically put forward how to regulate the circulation of the use right of rural housing land. This chapter is the core part of the article and mainly discusses the premise regulation and specific circulation mode of rural housing land. In terms of premise regulation, it should re-recognize the "One family, One housing land" principle and clear the ownership, registration and prohibition against the circulation of use right of the vacant rural housing land, in the matter of circulation mode, this chapter expounds the transfer, mortgage, inheritance and gift of the use right of the vacant rural housing land.