Research On The Issue Of Homestead In Countryside Out Of Law System

With the development of reform and economy open-up, the process of urbanization has been expedited day by day. A large amount of suburban residents splash into city, which caused land use right in suburban idle. What’s more, there has been many land use right issue, such as overuse, use violation, idle land. In order to fix the issue existing in suburban land use right retreating from legislative system, the Party and government have taken many actions and measures: On 3rd April, 2013, prime minister--Li Keqiang presided the State council meeting, which Prime minister Lee especially emphasized the topic of the specification of land use transfer and improvement of the exit system of suburban land use;On 12 th November, 2013, the Third Plenary Session of the 18 th Central Committee of the Communist Party of China all approved the land reformation, which emphasized reform of suburban land use exiting law system; In January, 2015, administer in General office of CCCPC and General office of state council issued the opinion about the levy of suburban land, collective and commercial construction of urbanized land use, and trial of reform of system about homestead, in addition to this, reform of suburban land use exiting legislative system again has been highlighted by administer. Under this condition, it is urgent to set up suburban land use right exiting legislative system.The topic of this passage is based on the theoria analysis of suburban homestead use right,which emphasizes the distinguish of transfer of suburban homestead use right and the exit of suburban homestead use right and has a clear opinion on the content and extension of the exit of suburban homestead use right. Regarding current problems of the exit of suburban homestead use right in academic study, legislation, real implement, the reason that a lot of problem existing in exit of suburban homestead use right has been pointed out in this passage. At the same time, regarding the current different theories about exit of suburban homestead use right, summary and analysis of these theories have been stated correspondingly. A clear statement and argument about the reasonability of the exit of suburban homestead use right out legislative system has been presented.Based on the above analysis and argument to put forward the purpose of this passage that is the plan of the exit of suburban homestead use right out legislative system.It emphasizes the analysis on its general frame, fundamental rule, specific system, of which the generalization of many theories in one line. That is to say, it is an architectural analysis argument, and argued improvement of legislative system about the exit of suburban homestead use right limited.