Study On The Legal Issues Of The Withdrawal Of The Right To Use Rural Homestead

Firstly,by summarizing the characteristics of the right to use the homestead and determining the concept of "withdrawal" of the right to use the homestead,this paper clarifies the differences between the withdrawal of the right to use the homestead and the recovery and circulation of the right to use the homestead,so as to lay the foundation for the following text.At the same time,it combs the evolution of policies related to the paid withdrawal of homestead from the first mention of the concept of homestead in 1962 to the Rural Revitalization law in 2021,and summarizes the historical process of the withdrawal of homestead in China into three stages: allowing the free transfer of homestead,prohibiting the sale of homestead and residence to urban residents,and then to the paid withdrawal of homestead,so as to see the changes in the ownership and value considerations of the withdrawal of the right to use homestead,And on this basis,learn from experience to promote the construction of the current legal mechanism for the withdrawal of the right to use homestead.Secondly,in order to explore a more perfect exit mechanism of the right to use homestead,according to the differences in economic development,this paper selects five typical pilot areas,such as Zhejiang,Fujian and Ningxia,analyzes their exit modes and the advantages and disadvantages of the adopted modes,summarizes the remaining deficiencies in the current pilot exit of the right to use homestead,and concludes that the reasons that hinder the exit of the right to use homestead mainly include the lack of motivation for the exit of the right to use homestead The lack of a unified land price evaluation system for homestead,the absence of farmers in the withdrawal process and the lack of effective supervision in the withdrawal process of homestead use right.Finally,according to the current legal documents and literature,this paper puts forward suggestions to solve the above problems,including distinguishing the implementation of paid use of homestead,and taking multiple measures to enhance farmers’ willingness to return land through the parallel way of gravity mechanism of land return compensation and pressure mechanism of paid use of homestead.At the same time,guided by the local reality and the actual needs of farmers,fully consider the preferences and demands of different regions and different groups of farmers for homestead exit income,and establish a practical homestead benchmark land price evaluation system.We will vigorously enhance farmers’ awareness of rights.In the process of homestead withdrawal,we will let farmers return to the dominant position,promote the transformation of government functions,pay attention to the social security for farmers who have returned their land,and strive to ensure that farmers have no worries about returning their land.At the same time,explore the design path of separating the paid withdrawal system of homestead from the withdrawal supervision system of homestead use right,and expect to realize the supervision of villagers’ autonomous organizations on the withdrawal of homestead use right by clarifying the supervision authority.