On The Transfer Of The Right To Use Of Rural Homestead

The core interests of farmers are land.The core of the land is the transfer of land.The use value of the land is also reflected in some sense.One of the most common words in economics is that "no transfer is worthless".With the gradual disintegration of the urban-rural dual social economy,restrictions on the transfer of the right to use the rural homestead should be released in step.No.1 in 2017,the CPC central committee issued the central focus on rural problem of "agriculture,rural areas and farmers",actively explore the rural supply side structural reform,increase farmers' income,thus it is easy to see our country strict limits on the circulation of housing land use right a bit.Since China's reform and opening up,the continuous development of our country's economy,the steady growth of farmers' income,the rich peasants to improve their living conditions to buy commercial housing in the city,together with the old man died,children living in rural conditions of the army,school,etc,make appear a large number of idle land in the countryside.Legal experts and scholars have never stopped to discuss,study and discuss these idle land.The author thinks that the circulation of rural land includes not only the usufructuary right part of the property law in our country power,and it should also include the relative freedom of housing land use right of buying and selling,mortgage financing,registration and other related rights.There are three main opinions on the transfer of the right to the use of homestead in the legal profession.One is the freedom to enter the market,and the view is that the homestead can be bought and sold freely.The second is to restrict the flow of words;Three views are uncirculated.I prefer the first view.This paper analyzes the current situation of rural homestead and tries to activate the "relative surplus" homestead by establishing and improving the circulation laws of homestead.So what are the relevant laws on the circulation of the right to use the homestead?So what is the grip of the law?The author thinks that should be in the present stage of rural practical as a starting point,to follow the rural economy into the market,at the same time should be based on China's national conditions and meet the requirements of social development constantly improve the system of land registration,the mortgage registration system in line with the intensive use of land,the principle of reasonable use,to distinguish objects of different treatment actively explore new train of thought of rural endowment has become farmers baby instead of a hot potato.