| More people and less land, tension between people and land is the basic condition of our country's land resources. Contradictions between building usage and farmland protection, farmland supplementary and ecological environment deterioration, resource shortage and extensive utilization of resources are the major problems in our country's land use at current under the urbanization and rapid industrialization promotion background. The contradiction between building usage and availability of land resources is increasingly sharp. Rural housing land is the major part of the construction land in China. The utilizing management system of rural housing land hasn't been applicable to the need for our market economy reform, urbanization, industrialization promotion and migration because of the distemperedness in the legislation and system of the rural housing land management which has caused a series of problems in rural housing land use. On the one hand, the phenomenon of extensive and inefficient using in the rural housing land such as excessive scale of homestead, homestead area over standard, scattered distribution, extension unlimited sprawl, many hollow villages and so on which causes the scale of rural housing land increasing instead of reduction, and changing as the same trending of urban land under the rapid urbanization promotion and many rural population migrating to cities and towns background, and also aggravating the contradiction between supply and demand of our country's land resources use. On the other hand, the legal rights of farmers' homestead such as farmers applying for one homestead legally and farmers' usufructuary right in homestead don't be protected which causes the phenomenon of farmers' building before approving happening generally. Reasonably intensive use of rural housing land has important significance in solving conflicts between supply and demand of the current land use, ensuring reasonable land demand in the period of urbanization and rapid industrialization promotion, guaranteeing necessary farmland demand for nation grain safety, protecting farmers' legal rights and propelling new countryside construction.The problem in the legislation of utilizing management system of rural housing land and policy system is analyzed systematically according to the target of rural housing land use which is to protect farmers' legal rights and promote rural housing land intensive use and the construction of new socialist countryside. On the basis, reform ideas, path and specific policy framework which are coordination with the above mentioned three objectives are proposed. The exit mechanism establishing of rural housing land, the construction of paid use and circulation system of rural housing land, the supervision system reform of rural housing land composed of kinds of the villagers' autonomous organization and so on are studied on mainly. Finally, some content as part of related topics for paper writing has became "the management regulation of rural housing land". There are some innovations in the following areas.1. According to the target of rural housing land use which is to protect farmers' legal rights and promote rural housing land intensive use and the construction of new socialist countryside, the reform of utilizing management system of rural housing land will be brought into system framework including keeping balance of the conflicts between supply and demand of land resources in the stage of our urbanization and promoting agriculture by industry and developing village by city, promoting construction of new socialist countryside, guaranteeing farmers' legal rights and increasing farmers' property income. A new utilizing management system framework of rural housing land is proposed. It can stabilize and strengthen the basic social security function of rural housing land, but also can ensure the income and the maintenance & appreciation from the land. It can promote land intensively economical use, and it also can increase farmers' property income.2. According to legislative conflicts in the fanners' getting the rural housing land from kinds of ways legally but going against the legislative which is one residential for one household because of owning more than one rural housing land, the paper puts forward that recovering legislation purpose ruled by the law "one residential for one household" at the system level, defining the legislative connotation of the policy "one residential for one household" is that one farmer only can apply for one rural housing land which is in keeping with the legal space standard on the basic spirit of "one farmer only can apply for one rural housing land". Distinguishing two kinds of right characteristics of use right system of rural residential land between the use right of rural housing land and the use right of rural collective commercial land for construction to construct utilizing management system of rural housing land.3. Base on the basic frame of Property Law, innovative idea and specific path are proposed for the reform of utilizing management system of rural housing land which is that through subdividing use right system of rural construction land and defining property connotation of rural housing land, realizing the combination of the free distribution of homestead and the paid use and limited period circulation of homestead accordance with the principle "use control, classified management".4. Referring to the theory "Legal Superficies", carrying out legal paid use system of rural housing land to solve the problem that getting is legal but the result illegal because the area of rural housing land is over the standard under the basic framework of the current laws, and making the overall design on the construction of paid use and circulation system of rural housing land.5. Discussion on the theory and policy ideas for the establishment of exit mechanism of rural housing land systematically.6. Putting forward the reform ideas of the supervision system of rural housing land composed of kinds of the villagers' autonomous organization. |
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