| As an important part of farmland system reform in China,homestead system is of great significance to the stable development of rural areas.Under the economic and social development,the survival of farmers is no longer dependent on land,the homestead needs to realize the inherent nature of private property rights through the free circulation of the right to use the homestead.The inherent legal implication of the reform of “ separation of three rights ” of homestead is to balance the property value and security function of homestead by relaxing the transfer of the right to use homestead,and the prohibition of the transfer of the right to use homestead to the collective is undoubtedly a serious violation of the housing property rights of rural residents.At pre sent,there is still a lack of clear and specific institutional design in the legislative norms of the transfer of the use right of homestead in China.However,according to the long-term restrictions on the external transfer of the use right of homestead in policies and regulations,the problem of idle and inefficient use of homestead in practice is still serious.The effective realization of the transfer of the right to the use of homestead needs to be confirmed from the legislative level.By clarifying t he legal construction of the transfer mechanism of the right to the use of homestead,it provides legal support for the effective realization of the transfer of the right to the use of homestead.In this paper,the research on the transfer system of the ri ght to the use of homestead is mainly carried out from six aspects,and the specific content mainly includes the following aspects.The first part of the article is mainly the introduction,which introduces the background of the reform of the transfer system of the right to the use of homestead under the reform of the separation of three rights of homestead,and points out the theoretical and practical significance of the exploration of the legal regulation system for the effective realization of the transf er of the right to the use of homestead.At the same time,it also introduces the research status of the homestead and the transfer of the right to the use of homestead at home and abroad,in order to provide suggestions for the transfer of the right to the use of homestead through research.The second part of the article is the definition of related concepts.Using the reform theory of " separation of three rights " of homestead,this paper expounds the basic connotation of the right to use homestead,the transfer of the right to use homestead and the effective realization of the transfer of the right to use homestead,and summarizes and analyzes the legal value of the effective realization of the transfer of the right to use homestead.It is considered tha t the transfer of homestead is the inevitable development of socialist market economy,and it is of great significance to clarify the effective realization of the transfer of the right to use homestead.This helps readers better understand the article.The third part of the article is an institutional review of the evolution of the transfer process of the right to use homestead.The historical evolution and institutional status of the transfer of homestead use right are discussed respectively.The fourth pa rt of the article is a practical investigation into the effective realization of the transfer of the right to use homestead,which is divided into two aspects.Firstly,this paper introduces the current situation of practice under the restriction of the use right transfer,and then summarizes the typical modes of the use right transfer in the pilot areas.The fifth part of the paper is a summary of the legal obstacles to the effective realization of the transfer of the right to the use of homestead,and poi nts out the current transfer of the right to the use of homestead. |
