| The homestead right of use system is an. institutional guarantee for the original members of the rural collective economic organizations of the basic production and living, but with the development of social change, through inheritance and other legitimate sources gain multi block the use right of homestead or family of migrant farmers, education increases gradually, the excess of homestead or good location of the homestead the live safeguard function, gradually fade, while its property function is further highlighted. There have been some beneficial attempt to give full play to the homestead property in practice, but because of the current legal regulations of our country on related issues is not perfect, and the integrity of society is generally low, so in the process of trying to disputes occur from time to time.This paper takes practice as the starting point and the foothold, mainly introduces the beneficial attempt for the purpose of tourism development uses the BOT model pattern of development of rural homestead, and analyze the legal relationship under the existing legal framework, and points out its existing rationality,legitimacy. At the same time, combined with the practice of contact in the case introduces the running status and the legal risk of the model, finally from the system level, the government level and the party puts forward reasonable suggestions to promote the healthy development of the model, to provide reference for the development activities of the participants and government departments, to achieve effective government service and management, cooperation between the two sides to minimize legal risks, and reduce the conflicts and disputes from the source to the destination. |
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