Research On The Use Right Of House Sites Withdrawal Mechanism

Central Document No.2017 pointed out: China's rural development to a new level,deepen the reform of rural collective property rights system,promote the reform of rural land system,conscientiously sum up the experience of the pilot reform of the homestead system,protect farmers' homestead legally obtained possession and use rights,revitalize the use of idle land,increase farmers' income.This paper first summarizes the basic legal theory of land use right exit,the necessity and feasibility of analysis and research,the interdisciplinary research methods,through the construction of law,economics and other disciplines perspective to explore and study the withdrawal mechanism.Then through the research on the current legislative status of the exit mechanism and the existing problems,and analyzes the situation of the domestic part of the exit of typical provinces.Finally,the legal issues related to the exit mechanism,put forward the homestead A series of legal advice of the right to use,improve the land use right exit mechanism to safeguard the legitimate rights and interests of farmers.The idea of writing this article is mainly through the elaboration of the basic legal principle of homestead,analyzes the legal problems of the exit process,combined with the theory of law and economics and the typical pilot areas of practical experience,the legal research on the exit mechanism.In reality,due to the lack of exit mechanism,exit the temporary effect is not very obvious,idle condition there are a lot of,so the main purpose of this research is to guide farmers to health through the development of a sound legal and orderly exit homestead,rural land and achieve win-win results.Reasonable to solve a series of problems appeared in the farmers homestead exit process,establish and perfect the mechanism,to protect the basic rights in the exit process that can make the idle land to make use of the opportunity to effectively develop the land space,alleviate the strong demand for land in the process of the city.The innovation of the topic lies in the combination of law and economics,the use of the principles of law and economics to analyze and build the right to use the right to use the extinguishing mechanism,highlighting the legal and other disciplines of compatibility,fully embodies the law as a discipline in The importance of society.The report of the 18 th National Congress of the Communist Party of China put forward the "three rural" issue is the strategic thinking of our party,the deepening of the understanding of the basic position of agriculture,deepening the reform of the rural land system,the study of the withdrawal mechanism of rural economy and society Development is of great significance.The improvement of the exit mechanism is an important stage of the change of the homestead system in the future.It clarifies the ownership problem,establishes the registration system,effectively protects the legitimate interests of the farmers,establishes the homestead exit compensation mechanism,improves the rural welfare mechanism,The establishment of a scientific interest-oriented mechanism,and actively carry out various areas of the pilot work,need to improve the right to use the right to use the right to expropriated land and the legal system,so that the right to use the right to use the land in the municipality to withdraw from the law,to protect the legitimate farmers Rights and interests are of great significance.