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Research on the Transition of the Land-Use Right to the Countryside Homestead

Author: LiLiYan
Tutor: FuJianQiang
School: Nanjing Agricultural College
Course: Economic Law
Keywords: Rural residential land use rights Rural Housing Land Use Right Transfer Usufructuary Government regulation
CLC: D923.2;F301
Type: Master's thesis
Year: 2010
Downloads: 105
Quote: 0
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Abstract


In 2008, the Third Plenary Session of the Party by the CPC Central Committee decision on promoting rural reform and development of a number of major issues, the significance of clear and vigorously promote the new stage of rural reform and innovation, strengthen rural institutions, including rural homestead using the right system reform is an important part of one. Involves the vital interests of our farmers and the rural homestead relationship to the situation of the rural social stability. Today, the Homestead Right has been the practice of a breakthrough, but the theoretical debate is still not stopped. Rural practice, a lot of disputes and conflicts with the rural residential land use rights. Therefore, in-depth study of rural residential land use rights system, the law effective regulation, the rational allocation of rights, the right to use the system contributed to the rural homestead benign operation, has a very important theoretical and practical significance. This article explains the concept and characteristics of the homestead right to use and legal attributes, because the study to clarify the concept of rural residential land use rights and legal property of the core and foundation of the system of rural residential land use rights, reform the existing rural homestead The key of the right system. Homestead right to use as usufructuary our unique an independent, with more particularity, including the subject of limited and restrictive object obtained free of charge, the use of indefinite survival affordable and circulation strict restrictive, with the ground right person easements, urban construction land use right there is a big difference. , The author of the status quo of rural residential land use rights transfer done combing through the analysis of the current legal regulation of the homestead right to use and circulation. The current homestead right to use the transfer system, the lack of relevant legislation, government management is in chaos, a waste of land resources, the recessive market for transferring abound, state laws and regulations and social practice has caused serious discrepancy both detrimental to the national legal authority damage the legitimate rights and interests of the majority of farmers. Theory and practice have proved that it is essential to build a residential land use rights transfer system. Perfect rural residential land use rights transfer system, to protect the homestead right to use reasonable and appropriate transfer, should adhere to the guiding principles of the Homestead Right, determine the flow of the main contents of the legislation, regulate the flow of the program to explore a variety of land transfer The exit from the agricultural population of homestead, the establishment of the compensation mechanism and the interests of rational allocation mechanism. The set reasonable government management mechanism, supporting measures to meet the practical needs of Homestead Right, and safeguard the legitimate rights and interests of farmers and to promote urban and rural development.

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CLC: > Economic > Agricultural economy > Agricultural economic theory > Land Economics
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