The Legislation of Transfer of the Right to Use Homestead

This study is useful to farmers standard trading house base, to reduce idle waste of homestead, to inventory the assets of rural homestead, and to solve the dilemma of financing difficulty due to lack of collateral. It is conducive to the integration of urban and rural areas, so that rural residents can share the fruits of social and economic development with the urban residents, and realize a new type of urbanization that is people-oriented. This study of housing land use right transfer of all kinds of practical problems and the system of laws and regulations were analysed, from the perspective of farmers, the government and the urban and rural integration, summarized the necessity of land transfer, finally to put forward the six concrete Suggestions of housing land use right transfer. The research result of this project is that the transferer of the right to use the homestead, must satisfy the condition that the transfer object is not the only one from the residence, and the object of transfer of the homestead must have the legal right certificate. The assignee can obtain the residence permit and enjoy the basic public service according to the residence permit through the use of the right to use the house site to obtain the membership of the special collective economic organization. Establishment of the right to use the system that needs paying and has period, perfecting real estate registration, and the existing laws, administrative regulations and departmental rules. And judicial interpretation modification proposals are submitted. Finally, the author puts forward the legislative provision on the transfer of the right to use the homestead.