Analysis To The Behavior Of Illegal Land Using In The Process Of Using Rural Homestead

Land resources is the most important material basis for the human society’s survival anddevelopment，China is a populous country，and also a very large agricultural country，the factof a small average ownership of land is the basic condition of China.Along with the nationalmodernization, urbanization and the continuous improvement of people’s living standards, thedemand for land is increasing. At the condition of total land cannot been changed, and thereserve resources is declining, it is important to control the using of land by laws and policyto avoid to Waste of land resources. In the process of using land for homestead, the behaviorof illegal using land has violated the homestead system,and must be stoped. But the fact is todeal with this problem have to consider many different reason and to balance the interests ofmany people, and if using “One size fits all”to cope with the problem may lead to moreserious social problem.For the purpose to appease conflict,it is necessary to chang the way todeal with the problem. Under such a baskground, the author chose the rural residential landillegally territorial behavior analysis is of great significance to the reality and challengingsubject. The author chose subject of the analysis of the illegal territorial behavior analysis inthe process of homestead using, which has important practical significance and challenging,as my title. Except preface and epilogue part, the full text is divided into six parts:The first part is the review to the land ownership system of our country, Throughcomprehensive analysis of the state ownership and collective ownership, point out thatcollective land ownership rights is a kind of private right, and has its own private rights onthe exercise of the rules.The second part analysis the forming process of our homestead and the maincharacteristics of homestead and get the homestead is survival security for peasant.The main content of the third part is the detailed analysis the control measures tohomestead using in our country, and control measures are the land use planning systemand the homestead land examination and approval systemThe fourth part mainly explores the illegal territorial behavior categories and its legalrequirement, the paper divided it into four types.The fifth part analyzes the causes of illegal territorial behavior. Depending on the subject,this paper divided into two parts, one reason is rooting in the land users, another is resulting from the land administrative department.In the sixth part,I put forward to the solutions of the problem of illegal territorialbehavior, from the system to improve to the execution of the practice and so on variousaspects proposed the concrete solution. And at the same time,for the result of illegel usingland,I propose some more useful solutions.