Research On The Marketization Of Rural Homestead

Rural homestead is a kind of specific land resources,which is bred under the premise of socialism with Chinese characteristics,so it must be protected and regulated from the legal level.In the past,the role of the law in this area is undoubtedly to protect the production and life of farmers,which plays a significant role in maintaining the interests of farmers’ life and production and social harmony and stability.However,in the early 20th century,especially in recent years,due to various loopholes in the laws and regulations from the perspective of marketization of the right to use homestead,many problems have arisen in rural areas.For example,"hollow village","farm houses are hard to inherit","one family with many houses" and "small property houses" are emerging in endlessly,which will inevitably lead to waste of resources.The income of farmers in the use right of homestead is far from that of urban residents.For the marketization of the right to use homestead,there is no clear legal expression in China.On the one hand,as far as the legal system itself is concerned,there is a lack of unified and clear professional laws,and only a small number of local administrative regulations are mostly principle provisions,not operational,while most are only policy adjustments.On the other hand,from the above analysis of the legal expression of the marketization of the homestead,the current laws and regulations of the homestead have greatly restricted the circulation of the homestead,the transfer of the right to use,and ignored the property value of the homestead to the farmers,which also led to the continuous aggravation of the inequality in the distribution of public and private rights,and also led to the confusion of the approval and distribution of the homestead Problems such as stagnation of production and circulation,recovery and withdrawal are difficult to achieve.In view of the legal system reform of the marketization of the right to use the homestead,the author can only do a little.From the perspective of national policies,relevant theories and the practice of the transformation of the right to use rural homestead all over the country,there is no doubt that the reform of homestead is based on the trend of persisting in the ownership system and gradually moving towards the market reform.The report of the 18th National Congress of the Communist Party of China pointed out that we should ensure the leading role of the market in the process of resource allocation and promote the efficient and sustainable use of different resources,and the main resources of farmers such as homestead must also be an integral part of the reform.In a large part of rural practice,the "invisible transfer" of rural homestead is very popular,showing the characteristics of large base number of "invisible transfer",relatively centralized transfer,"invisible transfer" cases are complex and diverse,and case implementation is more difficult and complex,which also increases the difficulty of unified management of rural real estate.This requires that the market-oriented reform of homestead use right should be regarded as an unprecedented and difficult work.On the basis of ensuring that many important functions of homestead will not be lost,the basic task is to improve the property income of farmers,and at the same time,to ensure that the right of farmers to use Homestead will not change.Law can be used to regulate society,which is an indispensable auxiliary measure,so we must meet the main trend of social development.Based on the above analysis,the author proposes that the existing homestead legal system should be reformed and supplemented,so that all kinds of homestead laws and regulations with market-oriented characteristics completed by the reform can more meet the actual needs of the current homestead use right.First of all,what we should make clear is the essence that homestead should serve farmers.To protect people’s livelihood,promote development and maintain national stability,but it is still necessary to adapt to the development theory of modern property rights,and it is important to improve the property income of farmers in the market-oriented reform.Secondly,we should make clear the macro policies that should be actively linked with state intervention,and guarantee the two basic principles of efficiency and fairness at the same time.Finally,by offering advice to the legislative department,studying the relevant system of paid and time limited homestead,studying the relevant system of its privatization application,optimizing its use right circulation mechanism,improving its use right recovery and withdrawal from the corresponding compensation mechanism,improving the benefit distribution and public participation mechanism and other relevant laws and regulations,we can solve the current shortage of homestead legal system At the time of sinking,we should deal with all kinds of situations reasonably.