On The Legal Issues Of The Transfer Of The Right Of Use Of Rural Homestead

As a particular kind of usufructuary right in our country, the right of use of rural homestead is essentially real right, which has property attribute. With the development of market economy, the society experienced a change from status to contract, so the restrict of the transfer of the right of use of rural homestead violates its real right attribute and property attribute and is already out of date. The 3rd Plenary Session of 18 th CPC Central Committee claimed that the right of use of rural homestead should be protected. After the effort to achieve “just, fair, and open of the transfer of the right of use of rural homestead“, “the protection of the right of use of rural homestead and the reform of the system of the right of use of rural homestead” become the most important part of the rural land system of new era. From the current situation of the transfer of right of use of rural homestead, it is clear to see that the only way to achieve city and countryside integration is to reset the property attribute of the right of use of rural homestead, allow it to be free transferred and let the market to regulate the allocation of resources.The research topic of this article is the legal system of the transfer of the right of use of rural homestead. Except introduction and the end, this article is divided into four parts:The first part is about the current situation and problem of the right of use of rural homestead. By the study of relevant laws and regulations, it is obviously that we should treat the existing transfers rationally, analysis the problems of the right of use of rural homestead. That is the realistic basis of the transform of the legal system of the transfer of the right of use of rural homestead.The second part is about the legalization of the transfer of the right of use of rural homestead. According to the legal nature, the right of use of rural homestead is transferable. In market economy conditions, the property attribute of the right of use of rural homestead is reflected in the economization of profits, the dynamic of the use of right, and the completion of the right. Meanwhile, we should make a difference between the right of use of rural homestead and the right to claim of distribution, and come to a conclusion that the transfer of the right of use of rural homestead is legal and significance.The third part is the basis of the transfer of the right of use of rural homestead. The premise of free transfer of the right of use of rural homestead is the transform of the current original acquisition system. This can be illustrated by several aspect such as the demand of the property attribute of the right of use of rural homestead, the eliminating of the identity attribute of the right of use of rural homestead, the construction of city and countryside integration land market. This part also gives advice about the way to transfer the system.The fourth part is the construction of the right of use of rural homestead under market economy. On the basis of the discussion by the preceding part of this article, this part provide several specific ideas about the system of the transfer of the right of use of rural homestead. On the premise of clear ownership, free will and appropriate internship, we should achieve free transfer of the right of use of rural homestead step by step. It is also suggested that the subject of transfer is unlimited, the object of transfer is complete, and register is needed.