Rural Revitalization Of Target Under Land Use Rights Transfer Legal Issues Research In China

Implementing the rural revitalization strategy is a major decision made at the 19 th CPC National Congress.The goal of the rural revitalization strategy is to establish and improve systems,mechanisms and policies for integrated urban and rural development,and accelerate agricultural and rural modernization in accordance with the general requirements of thriving industries,livable ecology,civilized rural style,effective governance,and prosperity.To realize the strategic goal of rural revitalization,we need to further reform the rural social and economic system,among which the most important is to deepen the rural land system reform.Under the background of the success of the rural land contract reform in our country,the rural homestead is the most valuable material wealth and factor of production for farmers.In the course of promoting the rural revitalization strategy,how to maximize the property rights and interests of rural homestead and rural housing on the ground is the most important problem that restricts the rural economic and social development in the future.This paper tries to perfect the law system of the right to use rural homestead by exploring deeply the problems of the right to use rural homestead in our country from the point of view of the goal of rural revitalization.The first chapter of this paper is the introduction,and mainly summarizes the current research achievements on the circulation of the right to use rural homestead in our country.The second chapter starts from the basic concepts of the right to use our country.By explaining the legal nature and characteristics of the right to use our country’s homestead,the legal basis and the means of the circulation of the homestead land are analyzed.By reviewing the institutional changes and evolution of right to use the homestead since the founding of our country,the third chapter explores the historical logic and the practical factors behind severely limiting right to use the homestead in our country.At the same time,it expounds the necessity of right to use the homestead with the goal of rural revitalization.From the perspectives of the legislation,judicial and pilot conditions of right to use the homestead in our country,the author investigates comprehensively the current system of right to use the homestead in our country.Through the analysis of the legislation,judicial cases and data of right to use the homestead and the conditions of reforms,the author has found the legal difficulties in the operation of right to use the homestead.The fifth chapter puts forward the institutional construction and innovation of the circulation of the right to use the homestead from the aspects of the reconstruction of the concept of the right to use the homestead,expanding the circulation methods,perfecting the circulation mechanism and improving the supporting system.Among them,for the expansion of circulation,it specifically proposes to allow the transfer of the right to the use of homestead,clarify the mortgage of the right to the use of homestead and standardize the inheritance of the right to the use of homestead.On this basis,the paper further puts forward specific mechanisms such as building limited circulation of the use right of residential land within the county,exploring mutual conversion with collective construction land and establishing centralized transaction of the use right of idle residential land.Finally,from the perspective of establishing the registration system of the right to use the homestead,strengthening the supervision of the right to use the homestead and improving the risk prevention and the basic residence security system,this paper puts forward the supporting system of perfecting the right to use the homestead.In the course of these four aspects the author has put forward the measures to the legal dilemma of the right to use the homestead in our country and in order to improve the perfection of the right to use the homestead a little in the direction of rural revitalization.