Laws, Defects and Countermeasures on the Circulation of Rural Housing Land －From the Perspective of Farmer’ Rights Protection

The thesis combs the existing legal provisions about rural housing land from the perspectives of use restriction, means restriction, subject restriction and mortgage prohibition, and finds out their defects, namely, weakening real right, confused knowledge about the integration of house property and land property, the loophole in Land Administration Law, the bans on the rural residents’ purchase of housing land and so on. Then the thesis expounds the harms of restricting the circulation of housing land, for example, it will result in underground transaction of housing lands; lead to untenanted lands and waste of resources; bring about financing difficulty for peasants; do harm to the interest of land owners (rural collective economic organizations) and so on. The thesis further proposes to establish the legal lease model to solve the problems in the circulation of housing lands, specifically explains the definition of the legal lease model of housing lands, illustrates its detailed information from the aspects of object, subject and content and elaborates a series of problems involving how to rehouse those farmers who have sold their original houses, how to deal with the over-standard occupied housing lands, how to distribute the rent of housing lands, as well as how to perfect relevant procedures and formalities in the credit circulation of housing lands so as to realize the legitimate and effective circulation of rural housing lands and protect the peasants’ interests.