Research On The Circulation Of Rural Homestead Usufruct

Implementing the strategy of rural revitalization is a major decision and deployment at the 19 th CPC National Congress.A new round of rural agrarian reform has become an important part of many rural system reforms.The farmers’ right to the land is a problem related to the farmers’ right to subsistence and development,it is the foundation and guarantee for the existence and exercise of all rights.Under the background of overall planning of urban and rural development,theoretical research on the circulation of homestead usufruct has far-reaching theoretical and practical significance,which is conducive to the realization of optimal land use,the protection of rural legitimate land rights and interests,the liberation and development of rural social productivity,and the overall planning of urban and rural social and economic development.This paper mainly uses case analysis and comparative analysis to study the circulation of homestead usufruct in China.Specifically speaking,it is the first to elaborate the current situation of the transfer of the homestead usufruct in China,and analyzes the problems such as the serious idle rural homestead at the very beginning,the prevailing implicit circulation,and the inability to fully protect the contract rights and interests of the parties in the litigation.Secondly,taking Guangdong,Tianjin,Chengdu and other experimental areas as examples,this paper analyzes the specific measures and practices of the reform,and summarizes the experience and enlightenment of the experimental areas.Finally,according to the current existing problems,on the basis of the successful experience of the experimental areas,the paper puts forward the reform idea of appropriately releasing the circulation restriction and establishing the legal leasehold system,which provides significant reference on building the circulation system of homestead usufruct in China.