Study On Legal Issues Of The Rural Homestead Right To Use Transferring

Since the reform and opening up,with the deepening of social transformation,the external environment of our rural homestead system has changed.As a result,the current homestead system can not fully adapt to the need of current homestead management,which needs reform and innovation.With the deepening process of urbanization in China,the low efficiency of rural land use and the situation of idle are becoming more and more serious.Therefore,how to establish and improve the rural homestead circulation system,release the value and vitality of the rural homestead and improve farmers' property income has become a major problem for local governments at all levels and land resources management departments to solve.Firstly,by analyzing the existing rural homestead system as well as laws and policies,and collecting and sorting out the related research,this paper makes an overall grasp of the current situation.Secondly,through the in-depth analysis of the pilot area,this paper shows the basic situation of the current homestead management and in-depth analysis of the outstanding problems and difficulties in the process of circulation.At present the main problems include the contradiction of the relevant regulations about whether the land use rights can transfer,the conflict problems of whether land use rights are public or private,disorder of rural land use right registration and management,the hidden transactions,the existing transfer mode which can not fully protect the interests of farmers,farmers' financing difficulties,rights that can not be guaranteed and the homestead idle phenomenon.To solve these problems,this paper analyzes the main reasons hindering rural homestead management and circulation,including the existing rural homestead system restriction to the convection and the lack of safeguard of landless farmers' rights in the circulation of homestead.Finally,on the basis of some successful cases of land use right transfer,this paper offers some suggestions,which is relatively easy to operate,about how to promote the transfer of rural homestead right of use,including: establish the registration system of clear ownership of the homestead,manage homestead circulation hierarchically,promote homestead property mortgage experience,promote and improve the exit compensation mechanism and develop the land stock cooperative system with the characteristics of “several co-ownership”.