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Research on Homestead Right Circulation

Author: FanXiaoQiang
Tutor: WangMingSuo
School: Henan University
Course: Civil and Commercial Law
Keywords: Homestead Land use right Circulation Usufructuary right
CLC: D922.3
Type: Master's thesis
Year: 2010
Downloads: 445
Quote: 1
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Abstract

Residential construction for the homestead only the right to use rural land owned by collectives, farmers discussed circulation inevitably involves the transfer of peasant residential land use right. Under current law, the state allows the land use right for internal circulation among the villagers, but prohibit the land use right of the individual circulation and external flows, this strictly limited policy led to the transfer of land use right of land use right transfer internal circulation is not smooth and a large number of recessive circulation there are two aspects. Allow the land use right transfer, with the transfer of eligible farmers residential moderate expansion of the transferee group of farmers residential to allow qualified urban residents through the purchase of the legitimacy of the building of the farmers to obtain the ownership of the house and the land use right, meet the farmers housing appreciation and financing needs, and gradually improve the circulation system of land use right and its farmers residential countermeasures to solve the problem. Of about more than 30,000 words, introduction, body, and conclusion, in which the body is divided into five parts. The first part is the meaning of the transfer of land use right and land use right. Land use right, refers to rural villagers for the construction of residential and ancillary facilities to the relevant authorities in accordance with the law applied for and approved all the land of the rural collective economic organizations, the right to possess, use, and certain punishment, the right to obtain a certain income. The transfer of land use right, refers to the process of land use right from the production, the main change to extinction caused by land use right and his homestead changes in the nature. The second part is the transfer of land use right of the status quo. First analysis of China's current land use right transfer of the case, summed up the basic attitude of farmers residential circulation and land use right transfer of strict restrictions on the transfer of land use right. Then analyzes the disadvantages caused by the strict restrictions on farmers to residential land use right transfer policy in real life. Finally, the land use right of free circulation, limited circulation strict restrictions on the turnover said and prohibit the transfer of said analysis, that the relaxation of land use right transfer both reasonable and feasible, should become China's land use right transfer of the direction of reform. The third part is to relax the basis and significance of the transfer of land use right. Relaxation of the basis for the transfer of land use right: on the basis of economics, it conforms to the rules of market economy; jurisprudence on the basis that it can better play the value of law; practice basis, it is consistent with the homestead tenure reform trend. Relaxation of land use right transfer of policies are conducive to increasing farmers' income, help to promote the integration of urban and rural residents, help to strengthen the collective economic strength of China's urban and rural development is of great significance. The fourth part is the pattern and the form of the transfer of land use right. Land use right transfer of model land use right people-oriented, oriented rural collective economic organizations and local government-led three, each mode has its own characteristics and the pros and cons. No matter what kind of circulation mode, the specific form of the transfer of land use right ten. The fifth part of the reform of the land use right transfer of ideas. Adhere to the homestead collective ownership, with full respect for the farmers home ownership, improve land use right transfer of ideas, relaxation of the transfer of land use right must adhere to the following principles: strictly protect arable land; initial flow stress identity circulated again weakening of identity; internal circulation exempt homestead usage fees, external circulation homestead use fee; treated differently guidance. In order to ensure the orderly transfer of land use right, China should establish a system of land use right to repurchase, farmers filing system and homestead residential circulation fee paying system. The transfer of land use right, property law-making process has caused much controversy and heated debate the amendment of the Land Administration Law will definitely happen. These arguments help us to more fully examine the farmers' homes and their land use right, help the country enacted by the legislature of the land use right transfer system, more in line with China's national conditions. I hope this study is good for the perfection of the system of transfer of land use right.

Research on Homestead Right Circulation

Abstract

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