Research On The Legal Problem Of The Transfer Of The Use Right Of Rural Homestead

At present, our country has entered to deepen rural reform, efforts to break theformation of two structure in urban and rural areas, the integration of urban andrural economic and social development of the important period of new pattern, todeal with new situations and solve new problems, seventeen party3in plenarymeeting made the "decision" of the CPC Central Committee on rural reform anddevelopment of a number of major issues, make party the eighteen session oftheThird Plenary Session of the "CPC Central Committee on the comprehensivereform of certain major issue decision" in the rural reform to make the planninganddeployment. In many of the rural system reform,"perfect homestead system" hasbecome an important part of a new round of rural land system reform.The right to use homestead system for our country should determine the publicownership of land and produce. In the two structure in urban and rural areas underthe background, the homestead right of use circulation is restricted strictly by lawandnational policy. With the further development of the market economysystem,attribute the use right of homestead property rights is revealed gradually, theemerging phenomenon of stealth circulation. The prevailing reality ofour ruralhomestead land use right transfer of the phenomenon, but thepresent countryside homestead right of use such as approval lax management, tradedisputes and other problems in the circulation, increase the difficulty of managementaccording to law. The transfer of the use right of homestead system arrangementto ban has restricted the development of rural social economicproductivity, also contrary torealize common prosperity built the common target ofcomparatively well-off society.Therefore, under this background, has the importanttheory significance and practical value for the theoretical research on the circulationof the use right of homestead.Based on the rural homestead usufruct theory analysis, combined with theexisting laws and regulations relating to the provisions of the homestead right ofusecirculation, found the problem and dilemma from the historical causes, and on theanalysis of several modes of the present homestead right of use circulation, putsforward the solving countermeasures, in order to improve the rural residential land inChina the right to use the circulation benefit.