浅析农村宅基地流转（Analysis of rural residential land transfer）.docVIP

浅析农村宅基地流转（Analysis of rural residential land transfer） [Abstract] because the homestead has the nature of security and welfare, so there are strict legal and policy restrictions on the acquisition, transfer and inheritance of the right to use the homestead. Our country implements the principle of one house and one place. From this, the ownership, acquisition, transfer and inheritance of the houses built on the homestead have been restricted by the restriction of the circulation of the use of the house base. Based on the management law of the peoples Republic of China as the main legal basis, introduces the basic concept, the homestead homestead right of use of the special character, homestead circulation and other related issues. [Key words] residential land, homestead right to use, homestead circulation First, the basic theoretical concept of residential land (1) the concept of residential land; Homestead is rural households or individuals who occupy and utilize all the land owned by the collective for housing. Refers to the construction of the house, built a house or decide to build housing land, including the construction of the housing land, built a house but has no cover, three types of planning to land not inhabited and prepare for construction. The homestead can be used to build houses and auxiliary houses (kitchen, toilet, warehouse), courtyard, biogas digesters, animal care, firewood piled up etc.. According to the law of our country, the homestead belongs to the state and the collective, and the citizens have no ownership, only the right to use them. After the villagers apply for the homestead, they can only build their own houses, and they must not be betrayed, transferred or mortgaged. The main use of residential land is only limited to the specific members of the collective economic organization, and only one homestead can be owned by one family. Whether it is a household should be based on the household registration management to determine the househol