Research On The Legal Issues Of The Homesteadexit Under Government-led

The withdrawal of homestead under the leadership of the Government refers to the Government’s detailed planning and design,formulation of plans and normative documents through prior investigation and research,to guide farmers to withdraw from the homestead.The role played by the Government in the process of homestead exit is rule making,planning,organization and supervision.At present,due to the withdrawal of homestead under the leadership of our government is still in the exploration stage,so there are the following problems.First of all,in terms of procedure,the government-led homestead exit ignores the early argumentation and risk assessment,the lack of evaluation mechanism afterwards,and the protection of farmers ’ participation in the whole process is still insufficient,which is easy to cause social contradictions,lead to abuse of power and easy to breed corruption.Secondly,in terms of compensation,China has not yet formed a reasonable and effective homestead withdrawal compensation system,compensation scope,price evaluation,post-exit land income compensation and illegal violations to obtain homestead compensation in practice is still in the exploration stage,affecting the protection of farmers ’ rights and interests.Thirdly,it is not clear that the government’s supervision responsibility is in the process of the exit of homestead under the government.In view of the above problems,the recommendations are as follows: first,improve the government-led homestead exit of the relevant procedures.Secondly,improve the government-led homestead exit benefit distribution and compensation mechanism.Although China’s vast territory,all over the different circumstances,the formulation of a unified national homestead exit compensation methods and compensation standards are not realistic,nor scientific,but the provinces,municipalities and autonomous regions can be based on their own actual situation to formulate relevant laws and policies.Third,we should make clear the supervision role of the Government in the process of the exit of homestead under the leadership of the government.In the process of leading the exit of the homestead,the government cannot but act,nor can it be disorderly.The behavior that could otherwise be regulated by the market cannot be interfered with by administrative means,nor can it be left unattended,and the matters that should otherwise be supervised by the Government should be handed over to the village council for its own decision.