Research On The Marketing Transference Reform Of The Rural Homestead Usufruct

All the time, our laws strictly limit the rural homestead circulation which causes farmers’ land property rights can’t get implemented. There are a lot of hidden homestead circulation phenomena in reality, the "uncompleted-right houses" and the "hollow village" in rural residential area become outstanding. These phenomena indicate the current land circulation system is not suitable for non-agricultural development and inter-development of city and countryside need. Therefore, it has become an important theoretical and urgent practical need to correctly understand the use of rural homestead right and actively explore scientific and rational way to enter the market. Against this background, this paper made an intensive research of marketing transference reform of homestead usufruct.First, this paper defined the related concepts, elaborated the capabilities and characteristics, and reviewed relational theories of rural homestead usufruct. Based on that, this paper combed and evaluated the evolution of homestead circulation policy in our country. The homestead circulation stage is divided into private farmers homestead, free flow phase, homestead circulating partial restrictions phase, homestead prohibit transfer phase, homestead right reform phase. Meanwhile this paper analyzed all kinds of practical problems of the existing land circulation system, so as to put forward the necessity of reform of the rural homestead usufruct, and proposed the necessity and urgency of reform path in exploring homestead usufruct circulation. Moreover, this paper summarized the difficulties of marketing transference reform of homestead usufruct in our country:legal bottlenecks, fuzzy property, homestead unpaid indefinitely institution and contradictions market circulation, lack of interest distribution mechanism, Lack of market mechanism and uncoordinated related systems which laid the foundation for reform. In addition, this paper summarized several pilot models, compared and analyzed the similarities and differences of pilot models, researched the problems in these pilot models and then provided a reasonable proposal to marketing transference reform of homestead usufruct.Under the guidance of theory and practical experience, this paper puts forward the concrete path of the marketing transference reform of the rural homestead usufruct, that is to say, dividing ownership and use rights, improving the power of homestead usufruct, adhering to the basic state policy of 1.8 billion mu of arable land, gradually establishing a unified trading platform for urban and rural construction land, achieving a free flow for marketing transference of homestead usufruct without changing the premise of collective ownership. In the process of circulation, participators should follow the principles of voluntariness and protection of farmers’ lawful rights, repayable and terminable of using rural homestead, with the same price and right, the single market, and land use controlling.Specific forms of implementation of marketing transference reform of homestead usufruct should be achieved through the physical flow, in other words, directly transfer homestead usufruct which is conform to the planning and control purposes, achieve same price, same rights to state-owned land with rural property rights trading center or state-owned land for construction trading platform. This paper defined transfer of subject and object, transfer platform, the market approach, the intervention program, land use and service life in homestead usufruct. Based on that, this paper proposed policy suggestions from improving property system, establishing rural homestead paid and limited usufruct, establishing homestead price assessment, improving income distribution mechanism and other related systems.