Research On Legal Issues Of Sharing Farmstead Homestead

Sharing farms is an innovative practical solution to rural idle resources.However,under the existing homestead system,there are certain legal obstacles to the use of shared farmstead homesteads,which is mainly manifested in the problem of acquisition and transfer of shared farmstead homesteads,which requires in-depth research.The full text is divided into three parts:The first part shares the characteristics,types of farms and their impact on the use of homesteads.The shared farm is a combination of the shared economy and the estate economy.It has the characteristics of sharing and manor.Through the use of diverse land types,the shared farm realizes multi-functional applications such as life,production and experience.However,it is difficult for shared farms to obtain new collective construction land,and the use of homesteads is of great significance to shared farms.The second part is the main legal obstacles to the use of shared farmstead homesteads.The members of the collective economic organization obtain the initial allocation of homesteads based on their identities to meet the needs of farmers ’living and living,so the circulation of homesteads is severely restricted.The use of homesteads for the establishment of shared farms has conflicts in use,and restrictions on the circulation of leases,shares,mortgages,etc.,which restrict the use of homesteads for shared farms.The third part is to improve the countermeasures for the use of shared farmstead homesteads.The separation of the "three rights" of homesteads effectively resolves the problem of the use of shared farmstead homesteads by separating the "homestead use rights" from the homestead use rights.In addition,it is proposed to strictly limit the application for new homesteads and homestead use rights can be obtained through marketization to ensure the effective supply of shared farmhouse homesteads.Clarify the income right of homesteads,allow homesteads to use the right to transfer and improve the homestead exit system to ensure the exercise of the right to share farmstead homesteads.