Study On The Transfer Of The Right To Use The Rural Homestead

"The well-off is not comfortable and the key is the hometown." The farmers is an important factor related to the national economy and the people's livelihood.The transfer of the right to the use of homestead is closely related to the vital interests of farmers.For a long time,China has issued some regulations in order to limit it's circulation,which also restricted the circulation of houses on the homestead.But in practice,the more the circulation phenomenon is,the higher the turnover data is.In particular,in the urban-rural fringe areas,the invisible circulation of urban residents has gradually increased which breaks through the legal boundaries,forming a unique style of urbanization.But underground transactions,which lack legal basis,often cause many disputes.If going to court,they will also bring difficulties to judicial practice.In combination with the "three rights division" stipulated in the "central No.1 document" in 2018,it is proposed that the right to use homestead and the ownership of the farmers' housing should be properly liberate under the premise of the right of the homestead.Therefore,the author believes that the transfer of the right to use the rural homestead is a general trend,which conforms to the overall development trend of the current rural areas,and puts forward some suggestions on the plight of the homestead use right under the current house and land integration model.From the following four parts,this paper studies the circulation of the right to the use of rural homestead:The first part is a brief introduction to the meaning and significance of the transfer of the right to use the rural homestead,in order to make the reader have a preliminary cognition on the issue of the right to use the homestead,and to make clearly its important position in the current development of our country.The second part analyzes the problems existing in the transfer of the right to use the rural homestead and the reasons for these problems.Atpresent,there are some problems,such as the unused farm house,the stealth transfer of the right to use homestead,the different judicial cases of the same case,and the reasons for these problems lie in the lag and disunity of relevant laws and regulations in our country,the identity curing of the right to use the homestead and the plight of the integrated model of the house and land.The third part summarizes several countermeasures to support the transfer of the right to use homestead,including the legal direct regulation,the Homestead Land servitude system and the statutory lease system structure,and analyses and draws lessons from these views.It is concluded that it is possible to support the transfer of the right to the use of homestead through the legal regulation and construction of the statutory lease right of the homestead.The fourth part provides some feasible suggestions for improving the circulation of the right to use the rural homestead.This part firstly proposes from the legal point of view to formulate a "rural homestead right of use law",and should be based on the "constitution" as the basis of the harmonization of the existing legal norms,and then the legal tenancy of homestead will be introduced to the law.Secondly,aiming at the characteristics of homestead's right to solidify,it is put forward that the right of membership should be weakened in the stage of circulation.In addition,through the construction of a unified building land market in urban-rural areas,the establishment of independent rural intermediary organizations and other measures to guarantee the transaction security of the various subjects in the transfer of the right to use homestead.Finally,as for the development of rural areas,we should also further improve the rural social security institution.