Law And Economic Analysis Of The Use Right Of House Sites

Of the construction of the rural economy development and the deepening of the urban and rural integration process makes the land system of our country rural reform and the construction of socialist new countryside an important task. Our country is in the pilot reform of the system of housing land use right. The center of the land system reform is to how to make the land into the circulation market. Enter the use right of the land circulation market, under the regulation of market mechanism, a variety of factors of production and market main body of the land market is not easy to predict impact. The regulation of our country present legal system of housing land use right is chaotic, fuzzy, housing land use right in private law is a kind of incomplete usufructuary right, lack of disposition and usufruct. Our country law and related normative legal documents for the intervention of the housing land use right makes already in the system of housing land use right of conflict appears increasingly confusion and contradiction.Based on the summary and analysis on the existing legal system of housing land use right, on the basis of law and economics analysis on system of housing land use right in our country, and on the basis of the analysis combined with empirical experience to our country give some Suggestions on the reform of legal system of housing land use right. The first part of this article analyzes the current legal system of housing land use right, don’t think of right to use house sites in China have made clear the system architecture, in the regulation of public law and private law exists the contradiction of jurisprudence and economics, so in practice, the land system in our country there is more trouble. The second part by using the theory of property economy, cost-benefit analysis theory and game analysis theory to analyze the existing land system in China. The third part in economic analysis to our country on the basis of the existing legal system of housing land use right and reform model analysis and give Suggestions of reform.