Research On Transferring Right Of The Use Of House Site

The homestead use system in China is a land-use system with Chinese characteristics. Under the planned economic system, the core of land use right system is always live and security. Since decades years of reform and opening up, China’s urbanization process developed rapidly in china. In this social context, population migration and land immobility makes urban and rural construction land to the gradual emergence of reverse changes, which also resulted in a series of problems such as reduction of arable land, land quality degradation. Therefore, building a Residential Land diversified mode, improve land economy to promote farmers’ income, gradually has become the consensus of all the mainstream. However, there are small number of relevant laws and regulations about land use right transfer in China, the relevant national policies seriously lagging behind, which will inevitably lead to disorderly flow of homestead. Therefore, we must pay great attention to this situation to fully identify the root of the problem and speed up the homestead market-oriented flow and provides practical basis for the next step.This paper firstly defines the relevant legal concepts Residential Land management. Then mainly used comparative analysis, practice analysis, historical analysis methods compared and summarized some revelation at home and abroad homestead system of transfer of horizontal, point out that the weight of the peasantry in the history of commitment decision the homestead market-oriented circulation. Later, according to the actual status of Residential Land, pointed out the impact of the illegal circulation of our society and analyze the root cause of this unreasonable appearance, in order to find solutions of this new problems, the representative mode Chongqing and Tianjin are took as example in this study. This paper pointed out that the reality of local government-led model has flaws, which will provide a reference in the next step to solve Residential Land matters.. Finally, this paper re-sort and develop architecture of the conditions, procedures, circulation and distribution mechanisms of Residential Land transfer. More rover build Residential Land supporting system also put forward a detailed proposal. In all, Residential Land transfer must focus on China’s current conditions; conforming to the principles of openness, fairness and impartiality, determined through market-oriented to solve the problem of Residential Land. Residential Land policy implementation strategy should also focus on important then step by step adhere to farmers voluntary basis, the top priority of government’s is to focus on reform and improve the system of collective land acquisition compensation and resettlement amendments; as the government gradually get rid of the land finance, Residential Land most of the benefit to be returned to the farmers; fundamentally solve the imbalance in the distribution of homestead benefits, fair to highlight the essence of the Civil Code.