Abstract:In the urban and rural duality system, our country limits the circulation of the right to use homestead in principle. However, with the speeding up of urban-rural integration, the law has been breaking through this principle, and there also exists significant differences in the theoretical circle whether the homestead in the countryside can enter the land market. We should let go of the right to use rural homestead, and permit the right to use homestead enter the land circulation market to solve the rural financing problem, and implement the property right principle of "making the best use of it" based on promoting the construction of urban and rural integration. At the same time, we should also establish and perfect the acquisition and registration system of the right to use homestead and improve the rural security system so as to ensure the right to use homestead enter the land circulation market orderly and smoothly.