Legal Regulation On Withdrawal Of Idle Homestead In Rural Areas

In the report to the 19 th national congress of the communist party of China(CPC),the rural revitalization strategy was put forward.The issues concerning agriculture,rural areas and farmers are fundamental to the national economy and people’s livelihood.With the continuous acceleration of urban integration construction,rural reform is imperative.In the process of rural reform,land resources are undoubtedly an important guarantee to maintain the stability and happiness of farmers.At present,the rural people and land contradictions continue to expand,the problem of idle homestead is more and more prominent,the serious waste of land resources,but also increase the pressure of rural land system reform.Carrying out the investigation and research on idle homestead,reconstructing the definition of idle homestead,and practically designing the corresponding system for the classification of idle homestead are conducive to the integration of rural land resources,the protection of farmers’ basic rights and interests,and the reform of homestead related system.Taking photo village of Sichuan province as the research place,research by field visits,questionnaires,combined with the data access and municipal bureau of land and resources,creek area of poverty alleviation and development office and other units to provide first-hand information,found that land idle serious idle homestead exit mechanism and the lack of land resource utilization has many problems.Through the investigation of the homestead managers and homestead users,the basic ideas and directions of the homestead exit mechanism are obtained.When analyzing the influencing factors of farmers’ withdrawal from idle homestead,the logistic regression model in statistics was used for theoretical analysis,and the factors with positive correlation influence on the results were emphatically studied,so as to provide specific mechanism Suggestions for the withdrawal of idle homestead in luhua village.According to the above research,on the basis of learning from the experience of typical exit modes in some regions,this paper puts forward the specific goal and idea of constructing the exit mechanism of idle homestead.While constructing the specific exit mechanism,it should also follow the principle of respecting the will of farmers,following the history,taking measures according to local conditions and taking steps step by step.The withdrawal mechanism of idle homestead in LuHua village is mainly divided into three parts.First,the positive incentive mechanism is adopted to guide farmers to "willingly withdraw".Secondly,it should reasonably compensate the standard,and take the appropriate way of compensation to the homestead that overtakes,builds new but does not demolish old or is formed due to historical reasons,so as to actively guide its exit.Based on the model of "save with prize",farmers who save homestead are rewarded.Second,through the reverse constraint mechanism to enable farmers to "take the initiative to retreat".A system of compensated use shall be established to collect paid royalties for the over-occupied and over-occupied parts and to pay the deposit for the construction,new and old ones.Third,we will build an exit guarantee mechanism.We will continue to promote the homestead property rights registration system and clarify property rights;The rural land circulation market is constructed,and the homestead after reclamation is transferred to the market in the form of fair trade,so as to revitalize land resources.