Research Of Legal Issues On The Withdrawal Of Homestead Use Right In Rural Areas

With the continuous progress of reform and opening up,at present,China’s urbanization process continues to accelerate,and a series of reform measures associated with it are deepening.The city is essentially "city people",a large number of rural population into the city life,will cause a lot of abandoned housing,homestead idle;in addition,there are a lot of rural housing,illegal use,waste of idle homestead.Therefore,the withdrawal of the right to use the housing land as a construction land or reclamation for the cultivated land is an inevitable choice.As our country’s current law has no definition of the withdrawal of the right to use the homestead,there is no legal basis for the withdrawal of the right to use the homestead.Throughout the country,the land use rights of rural residential land have also been separated from each other.The pilot work has achieved good results,but it has also exposed many problems.So,summarize the current homestead use right exit pilot work experience,found the problem and put forward a reasonable solution,to achieve the smooth promotion of land use right exit system and strengthen the homestead right of use are particularly important to exit the legislation.This paper is divided into three parts: the first part is the summary of the withdrawal of the right to use the rural homestead.Mainly include land use right out of the concept,connotation theoretically defines land use right exit;the positive significance of land use right exit,about the homestead right of use out of great significance for China’s economic construction,rural reform;problems of homestead use right out of the analysis of all the current difficulties faced in the process of exit.The second part,the current experimental analysis of the right to use rural residential land in our country.Based on the three pilot sites in Xi’an District of Shaanxi Province,Yujiang County of Jiangxi province and Luxian County in Sichuan province of Gaoling Province,this paper introduces various problems and solutions during the process of leaving the right to use the homestead.Xi’an Gaoling District,summed up the Jiangxi province in Shaanxi Province,Yujiang County,Sichuan Province,Luxian County and other pilot areas of experience,for example,the introduction of the relevant land use right exit normative documents guiding the exit;according to the local actual situation adopt diverse land use right exit mode,let back farmers have more choice;pay attention to supporting measures the construction of security back to the farmers after the production of life.At the same time,in the pilot process,we also found a lot of problems to be solved,for example,the current laws lack of corresponding legislation of rural land use right exit,exit to follow;the existence of a large number of government behavior,damage to choose the right back to the farmers,leading back to the farmers’ enthusiasm is not high the distribution of benefits;land use right to withdraw from unfair,back to the farmers receive less benefit;on the right to use homestead exit compensation for farmers is not reasonable,difficult to guarantee farmers back to life at present;the lack of social security measures and land use right from the convergence and development status back to worrying after the farmer.The third part is to improve the mechanism and thinking of the withdrawal of the right to use rural residential land in china.The second part analyzes the problems of pilot basis,to solve the countryside homestead right of use from a countermeasure issues,including laws and regulations to improve the land use right exit;reduce the government forced to improve farmers’ autonomy;the establishment of rural homestead use right out of reasonable compensation mechanism;establish and improve the distribution of interests mechanism;optimization of rural land use right exit measures.In summary,our land use right exit is represent the general trend of central and local,have attached great importance to the smooth implementation of this system,the deep change in Chinese rural areas,effectively break the "two structure in urban and rural areas,development of our country city.This article mainly from the reality of the plight of the homestead right of use from the pilot situation analysis of land use right exit and significance,and summarizes three typical pilot experiences and lessons,find the problems,and put forward the corresponding countermeasures to solve the problem.Thus,we hope to realize the successful popularization of the system of the withdrawal of the right to use the homestead.Break the current rural residential land use efficiency is low,the slow development of the rural economy in rural areas,a serious waste of land resources,rural planning lag,city construction land and farmland shortage problems,especially for economic development to provide support to rural economic development.