Research On The Legal Issues Of The Transference About The Using Right Of Rural House Land

With the deepening of Chinese market economy and the speed up of city urbanization, a large number of rural surplus labor migrated from country to city, leading their rural house vacancy rate increased dramatically, which wasted large resources seriously. However in order to protect the right of farmers’ housing and the need of maintain social and economic stability in rural area, the current legal system about the using right of rural house land and transference were strictly limited, that means its power and function was not sufficient and could not be transferred smoothly.In order to adapt to the new situation and exert using right of rural house land’s utility well, the academia studied a lot on its transference, formed a large number of scientific research achievements, at the same time, through the using right of rural house land pilot, rich experience has been accumulated. Based on above, in Party’s Third Plenary Session of the 18 th CPC Central Committee clearly put forward the direction of the reform of rural land system.In this article, the using right of rural house land as a kind of profit real right is integrated analyzed by standard analysis method, empirical analysis method and the system analytic method and so on, From the perspective of profit real right and rights realization with sorting out the existing achievements in scientific research and sum up the experience of the pilot, generalize the present situation about using right of rural house land legal system in China, Besides,the author deeply analyzes practice problems existing in its transference, followed by advanced experience and enlightenment reference from pilot areas, Finally put forwards specific recommendations to perfect the legal system on using right of rural house land.The main innovative points of this article is using the literature analysis as the main method and from the view of profit real right and rights realization to perfect Chinese using right of rural house land legal system by put forward concrete suggestions.