Research On The Legal System Of Repossession Of Idle Homestead

With the improvement of my country’s economic development level and the acceleration of the process of urbanization,a large number of rural people have been attracted to work in cities,which not only increased the tension of urban land to a certain extent,but also caused a large number of rural homesteads to be occupied.Set aside.How to make a scientific and reasonable allocation of idle homesteads in rural China is the top priority for rural development in my country at this stage.The establishment of a system for recovering the use rights of idle homesteads can not only alleviate the contradiction between urban and rural land use,reduce the tension of urban land use,and further rationally allocate urban and rural land resources;it also makes villagers’ Property rights and interests are also protected by better systems.Invigorate the use of idle homesteads in rural areas to inject vitality into urban and rural economic development.The homestead use right recovery system plays a vital role in various systems in our country,so it has a very high value in itself.However,the related involvement of the idle homestead use right recovery system is only sporadic in the " In the "Land Management Law" and the "Civil Code"property rights,some local regulations are only slightly involved.So far,my country has not yet had a special law to make a complete system for the recovery of the right to use homesteads.Detailed regulations.The full text of this article uses the guidance method of Marxist legal theory,combined with the legal thinking mode,in-depth study of my country’s basic national conditions and domestic legislative conditions,from the perspective of legal norms,the status quo of the withdrawal system of the use of idle homesteads.Research on existing problems and related improvement measures.The full text conducts related research on the legal system for the withdrawal of the use right of idle homesteads through five parts.First of all,the first part of the article is the introduction.This part mainly introduces the research background of this article,research purpose,research significance,literature research reviews at home and abroad,the main content involved in the research of this article,and the methods adopted in the research of this article,so as to explore the practice,raise questions and countermeasures in the following article.The solution of this paper consolidates the theoretical foundation,which plays an important basic role in the smooth development of this article.The second part mainly discusses the definition of the related concepts and legal provisions of the system for the recovery of the use right of idle homesteads.This section analyzes the nature and types of the right to use homesteads by integrating the current academic definitions of homesteads.At the same time,it starts with the "Civil Code" property rights and the "Land Management Law",combined with other local laws and regulations.Analyze the recovery system of the use right of idle homesteads.The third part mainly discusses the status quo and empirical analysis of the recovery of the use rights of idle homesteads.This part first introduces that the proportion of idle homesteads in my country is increasing year by year,and analyzes that the right to use idle homesteads in my country is a “rights-based” recovery model.The second is to provide pilot projects in Tianjin City,Anxi County,and Pingluo County.The regional analysis and comparison will provide a theoretical basis for the following questions.The fourth part mainly discusses some problems in our country’s current legal system for the withdrawal of the use right of idle homesteads.First of all,based on the current implementation status of my country’s current legal system for the recovery of the use right of idle homesteads,and through research and analysis of the current homestead recovery mode,it is concluded that the current legal system for the recovery of the use of idle homesteads mainly has the right to recover the right to use the idle homestead Vacancy,vague regulations on the subject of recovery,various degrees of defects in the recovery procedures for the use of idle homesteads during the implementation process,and lack of compensation after the recovery of the use of idle homes,as well as follow-up guarantees Insufficient measures and levels.The fifth part mainly discusses the improvement of my country’s current legal system for the recovery of the use right of idle homesteads.This part mainly puts forward reasonable suggestions on the current idle homestead recovery system in my country from the aspects of the main body of the recovery of the use right of the idle homestead,the recovery reason,the recovery procedure,the recovery compensation standard,and the safeguard measures and relief after the recovery.The sixth part is the conclusion of this article.This part is not only the integration of the first five parts of the thesis,but also the study of the specific object of "the legal system for the recovery of the use right of idle homesteads" in the whole article,reiterating this article At the same time,it summarizes the practical significance and practical significance of the research in this article,and looks forward to the bright prospects of my country in the construction of the legal system of the right to use homesteads in the future.