A Study on the Succession of Rural Residential Land Use Right in Developed Area

Based on the comprehensive history of Chinese rural residential land system and its current policies, this paper reveals the connotation and essence of rural residential land use right and summarizes the inner conflicts of current national policies as well as variously local practices. Meanwhile, it analyses the necessity of rural residential land use right reform and proposes a succession system of rural residential land use right. Research methods include history analysis, documentary analysis and comparative analysis. The results indicate that current system intentionally blurs the succession of rural residential land, and also, internal contradictions occur in the legal system. Both of them suggest that it disaccords the trend of new-type urbanization. The conclusion is that current rural residential land system hardly benefit farmers' right of property, thus causes detriment practically. In order to ameliorate the system, the government should push forward the reform of domiciliary control system; on the other hand, the relation between collective membership and domiciliary identity should be cut. In this way, farmers' legal rights of rural residential land can be secured; hence, the urbanization would process more smoothly.