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The transfer of land use right in the drafting process of the \Today, the circulation of land use right, not only for the practice of the breakthrough, and the theoretical debate is still not stopped. This article will address this issue as the research object, mainly from the historical development, current practices, legal theory, system design starting Circulation of the land use right to study and explore. The paper first reviews the development history of the homestead rights, the nature of the land use right, that made part of the social security based on land use right, and it independent usufructuary right, unlike in the nature of the construction land use right . Independence and non-transferable nature of land use right is not necessarily linked, on the contrary, the non-transferability of the significant deficiencies in its power. Select a few representative areas, examine the current status quo of land use right transfer. Through the circulation of the status quo of land use right in Zhejiang Province, Guangdong Province, Chengdu, Sichuan Province, Chongqing Municipality, Hebei Province, Tianjin, Beijing, found that the current land use right market and there is no real release, although the guidance of the government very strong, but the underground trading of land use right is still out of control, and even produce some joint problems. Should the circulation of land use right, the article summarizes the current parties to debate the core issue, and the analysis: First, the protection of property; understanding of the innovation and the main. That the protection does not result in the non-transferability of the rights of the institutional innovation should be returned to the masses, stressed the irreplaceable role of the spontaneous way of innovation. Subsequently, two aspects of civil law and social reality in detail the need for the land use right transfer of the proposed transfer of land use right is the realization of civil law equal protection and the value of the usufructuary system requirements, but also to adapt to the urban and rural economic and social integration of development needs, and help to solve a series of outstanding problems facing homestead. Finally, the combination of the current financial crisis and farmers 'survival status of that homestead use right transfer market difficulties in increasing farmers' income, the return of migrant workers are unemployed and social security in place, should not be fully liberalized. Should adhere to the principle of prudence under the conditions of step by step, from the collective land and the equal rights of state-owned land, the land use right registration, compensation for the use and circulation conditions, procedures, income distribution, duration, price formation, the exit mechanism for land acquisition other aspects of the specific system design recommendations.
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