Research On The Legal Issues Of The Circulation Of The Right To Use The Homestead Under The Background Of Rural Revitalization

In recent years,China’s economic level and urbanization level are constantly improving.Meanwhile the circulation of rural homestead use rights has gradually emerged,which has become a constraint for rural revitalization.At present,too much labor force from the countryside to the city,unreasonable land policy,legal provisions on the use of homestead lag,as well as the historical problems and other factors,resulting in much rural homestead idle.The homestead policy,which was formulated for the purpose of security in the early days of the founding of our country,is suffering a huge impact.The society’s objective demand for the transfer of the right to use homestead has become increasingly strong.Tianjin,Chongqing,Zhejiang and other regions have taken the lead in carrying out the exploratory work of the transfer of the right to use homestead according to their own regional conditions.While gaining valuable experience and results,many potential theoretical and practical problems have gradually been exposed.After releasing the rural revitalization strategy,the central government put forward the policy of separation of the three rights to implement collective ownership of homestead,guarantee the right of homestead qualification and moderately liberalize the right to use homestead.However,local policies and regulations are not perfect,and many problems have not been solved pertinently.In this paper,the rural revitalization strategy as the background of the study,from the theoretical,legal and practical dimensions of the transfer of the right to use homestead to analyze the problem.Combined with the current situation,the laws and regulations are sorted out,relevant theories are summarized,and the areas where reform and exploration have been implemented are observed.The study shows that there are some problems in the transfer of the right to use the homestead,such as imperfect regulations on the subject of the transfer,opaque transaction,unclear confirmation of the right to use the homestead,difficulty in obtaining the homestead,lack of planning for rural construction,and backward thinking.On the basis of a detailed study on the transfer of the right to use homestead,this paper makes improvements and innovations in the improvement measures and solutions,and takes the separation of the three rights of homestead as the guiding ideology.Some measures are put forward,such as improving the applicable conditions of the subject of the transfer of the right to use the homestead,establishing a special transfer trading platform,strengthening the masses’ participation in policy making,legal supervision of policy implementation,perfecting the acquisition of the homestead,confirming the right of property right,strengthening legal publicity and improving the lives of villagers.