Analysis On The Transfer Of The Residence Land Use Right Under The Background Of Urbanization

Nowadays our country is entering an overall construction comparatively well-off society,implementation socialism modernization the crucial period.The Rural Vitalization Strategy put forward by President Xi Jinping is well-regulated in rural areas.With the sustainable and rapid development of china economy,the process of urbanization and metropolitan allies is accelerated.Urbanization is a process in which rural population gathers to cities and cities develop and grow gradually.The important sign of urbanization is the increase of urban population and the expansion of urban land.Thus,The expansion of urban land area is an irreversible trend.However,more people and less land are the basic conditions of our country.The acceleration of urbanization has put forward new requirements for land,which make the shortage of urban construction land in China more and more obvious.It is a practical subject how to meet the demand of urban construction land without damaging cultivated land.The right to use homestead refers to the right of the subject of right to build houses and their subsidiary facilities on homestead.The right to use homestead is a special usufructuary right.In the Property Law,special provisions are made on the right to the use of residential land.With the deepening of urbanization,a large number of rural population poured into the city,and a large number of idle rural residential land appeared.Homestead idle itself is a waste of resources.As an idle resource,the homestead can obviously realize its value in the flow.If the rural idle homestead resources are rectified and reclaimed.It is undoubtedly an ideal state to increase the index of urban construction land according to the policy of linking the increase of urban construction land area with the decrease of rural construction land area.On the one hand,rural idle homestead can be fully utilized without idle waste.On the other hand,it can also guarantee the demand for construction land in urban development.However,at present,in order to protect cultivated land,protect farmers’ rights and interests,and consider the stability of rural society,China restricts the transfer of the right to use rural residential land.Of course,with the prominence of the idle problem of the right to use rural residential land,there are also some beneficial attempts to reform.The author believes that the objective conditions for the transfer of the right to use the homestead have been met.As long as the transfer system of the right to use the homestead is properly designed,not only can the adverse effects of the transfer of the right to use the homestead be minimized.Moreover,it can effectively guarantee the economic development of rural areas,promote the process of industrialization,urbanization and agricultural modernization,and effectively avoid the social problems caused by the invisible circulation of the right to use residential land.My paper will first make a systematic exposition of the system of the right to the use of homestead in China.Then,it systematically discusses the relationship between the transfer of the right to use residential land and urbanization.Starting from the relationship between the right to the use of homestead and urbanization,this paper demonstrates the rationality,feasibility and necessity of the transfer of the right to the use of homestead.What’s more,empirical analysis of the pilot transfer of the right to use residential land is carried out.Summarize the experience of each pilot project in the transfer of the right to use residential land.Finally,it gives normative suggestions for the transfer of the right to use homestead in China.