Research On Legal Issues Of The Homestead Use Right Withdrawal

With the development of rural revitalization strategy,the reform of rural land system is one of its important sources of power,and the reform of homestead system is the key to the reform of rural land system.As an important part of the reform of the homestead system,the importance of homestead withdrawal is self-evident.The 2018 Central No.1 document clearly states that the three-power separation of homesteads will give strong policy support for the withdrawal of homesteads.The 2020 housing reform pilot program further clarifies the key of homestead use right withdrawal as the pilot reform,and puts forward the urgent problem to be solved.With the acceleration of urbanization process,rural labor force into the city,homestead dependence decreased,rural resident population decreased,low land utilization rate,resulting in a large number of rural homesteads in idle state.At the same time,due to historical reasons,rural more than one home and other homesteads "over-occupied" phenomenon is more common,and village planning and other rural construction is also in the implementation.The withdrawal of homestead is an important way to integrate land resources,improve land utilization rate,release rural land vitality,and village planning and construction.However,China’s laws and policies on the withdrawal of homestead provisions are more general,not specific enough,more principled provisions,therefore,in the rural homestead “separation of three rights” in rural homestead background,guided by the instrumental value of economic law and combined with the pilot area to explore in-depth analysis of the rural homestead use right exit of the relevant legal dilemmas and put forward suggestions for improvement,has great theoretical value and practical significance,but also to deepen the reform of rural homestead system facing the theoretical and practical issues.This paper is based on the following ideas to carry out the corresponding research:Firstly,this paper analyzes the homestead use right withdrawal.The connotation interpretation and classification of the homestead use right withdrawal are basically defined;the value function of the homestead use right withdrawal is discussed and analyzed as the value consideration of the rule of law recommendation;and the historical changes of the homestead use right withdrawal are discussed in stages,and the changes at different stages are clarified,laying the foundation for the discussion in the following article.Secondly,this article explores the legislative status and typical practice of the homestead use right withdrawal.From the two levels of central legislation and local legislation,the current legislative provisions on the homestead use right withdrawal are discussed,and the current legislative status is basically evaluated,providing legal direction for the subsequent analysis of legal dilemmas and suggestions for the improvement of the rule of law.In the typical practice of the homestead use right withdrawal,the withdrawal methods of Zezhou in Shanxi,Yiwu in Zhejiang and Yujiang in Jiangxi are discussed,and the experience and practices are summarized to provide certain reference significance for the analysis of the dilemma of the law and the improvement of the rule of law.Finally,starting from the legal dilemma of the homestead use right withdrawal,this paper analyzes and discusses the implementation of the homestead use right withdrawal and the problem of clarifying the subject of the right,the protection of the rights and interests of the withdrawing farmers,and the problem of the withdrawal from the market norm,and analyzes it in combination with the theory,the current situation of legislation and the practice of the pilot unit.Based on the dilemma analysis,suggestions for improvement are put forward,clarifying the entities and rights subjects of the withdrawal of the right to use residential land,strengthening the legal protection of farmers’ rights and interests,and improving the legal norms for exiting the market.