On The Legal Issues Of The Transfer Of The Right To The Use Of Rural Residential Land In China

Our country present law forbids the homestead separate flow into the market,but in recent years,disposable income of urban and rural residents is widening,resources is becoming more and more farmers inequality,before perfect rural social security system has not been established,the land is fundamental to the survival of farmers,and with the deepening of the rural economic system reform,the land circulation has long simmering.In the current situation,house sites are allowed to enter the market circulation not only is the inevitable requirement of the trend of The Times and the rule of law spirit,and properly solve the homestead circulation disputes,the construction of a harmonious society and realize the optimal allocation of resources.Combined with national conditions and the status quo,this paper explain the concept,characteristics and nature of property right of land use right,expounds the necessity of housing land use right transfer,through the present situation of legal and judicial status quo analysis of existing problems,and then combined with China’s reality and the deficiency of the current housing land related legal regulation suggest the homestead law regulation,the paper mainly divided into four most.The first section mainly expounds the concept and characteristics of the house base,the right to use the house and its circulation,to show its property right and the right type.Through to the academic circles about the housing land use right transfer,analysis and comparison of the theory of different,weigh out the most reasonable attitude towards the land circulation,restrict circulation.This paper expounds the necessity of the circulation of the right to use the homestead.The second part,combining the actual situation of the circulation of housing land use right,and in all parts of the country in China since 2015 in the pilot test of policy,expounds the legislative status quo of rural housing land use right circulation in our country,and through two specific case analysis,elaborated our country judicial status quo of housing land use right transfer.The third part is to analyze the problem of the circulation of the right to use the homestead in our country.First,the vacancy rate of rural homestead is higher and the circulation is banned.Second,it is difficult to supervise the use of the right to use rural homestead.Third,the property rights system in rural areas is not sound.Fourth,the transfer of the right to use of rural homestead is restricted by policies.In the fourth part,the paper puts forward the legal thinking about the transfer of the right to use the rural homestead.First,we will improve the application system for homestead,strengthen the registration system of homestead,and improve the system of homestead recovery.Second,to establish the legal system for the transfer of the right to the use of the homestead;Third,we will improve the management and oversight mechanism for the transfer of the right to use rural homestead.We will make good use of the transfer of the right to use rural homestead.