Legal Issues Of Rural Housing Land Usufructuary Circulation Under Tripartite Entitlement System Of Rural Residential Land

Due to the restriction of circulation in current legislation about the rural residential land,rural residence often unable to realize their rights,causing many residential land leave unused and blocking circulation of resources between urban area and rural area,also hinder the development of urban and rural integration.“tripartite entitlement system of rural residential land ” will ultimately enables the legislators to recede the restrictions impose by the current legislation and solve the judicial problems and 《Land Administration Law of the PRC》 enforcement problems caused by "invisible circulation" in practice,accelerate the progress of rural urbanization,and give new opportunities to rural development.Based on the summary and analysis of several scholars’ views,this dissertation analyzes and defines the relevant concepts of usufructuary circulation of the rural residential land,and holds that the "“tripartite entitlement system of rural residential land”" should be understood as the structure of the three rights :residential land ownership of rural collective economic organization,qualification right of rural residence,and rural residential land usufruct.The nature of residential land ownership of collective economic organization should be defined as the new type of collective ownership.The definition of usufructuary circulation of the rural residential land should be interpret as a narrower sense as the circulation of real right.Although "tripartite entitlement system of rural residential land" reform mode have achieved remarkable results,there are still some problems in the system and it ’s implementation,such as unclear definition of subject,lack of time limitations in residential land usufruct,some provisions not in line with the policy of "tripartite entitlement system of rural residential land",and problems regard circulation supporting measures.Based on the analysis of the reform measures of the pilot,this paper puts forward suggestions from the legislative aspects and the supporting measures.In the aspect of legislation of rural residential land usufruct system,it is put forward that the right of use rural residential land should be more clearly defined and China’s joint ownersh ip system should be introduced to solve the problem of unclear right/obligation relationship between each family of this joint right.The right of collective examination and decision shouldbe given to rural collective economic organization to improve the initial acquisition system of the rural residential land usufruct.The period ofrural residential land usufruc should be 70 years and the right period of assignee should be limited to the remaining period of the farmers who have transfer the possession of rural residential land.regarding the supporting measures,this paper also puts forward some suggestions on system and legislation improvement.In the economically backward areas,the local government should establish a special agency to evaluate the rural residential land value,the higher level government which has more developed economy in it ’s location should supervise the evaluation results through the third party audit.Clarify the scope of public interest through legislation,the main body of the construction of rural public facilities in the rural residential land should be limited as rural collective economic organization.Improve the farmers’ welfare measures after the transfer of the rural residential land usufruct by defining the protection main body and establishing the transfer price protection provident fund system.