Research Of Legal Issues On The Withdrawal Of Homestead

Homestead is the collective construction land used by rural villagers to build houses and their affiliated facilities,including housing,affiliated houses and courtyards,etc.For the rural villagers engaged in traditional agricultural production,the homestead is not only an important basis for the individual survival of farmers,but also the basic guarantee for them to work in agricultural production and make a living from it.However,with the rapid development of China’s economy and society and the increasing urbanization rate,the residential function of homestead is increasingly difficult to meet the actual needs of rural villagers in China.On August 26,2019,the thirteenth session of the 12 th meeting of the standing committee of the National People’s Congress passed on the modification of "land management law of the People’s Republic of China","city real estate administration law of the People’s Republic of China" decision,the revised "land administration law of the People’s Republic of China clear the establishment of a "voluntary withdrawal" homestead exit system.However,there is only one acceptable stipulation for the withdrawal of homestead,and there is no specification on the conditions,procedures,compensation and other specific operating rules for the withdrawal of homestead.Obviously,such overly principled legal norms cannot specifically guide the implementation of homestead withdrawal,let alone effectively guide the orderly withdrawal of homestead.There are many legal issues to be studied in the withdrawal of homestead.Studying the legal issue of homestead withdrawal can promote the effective realization of farmers’ land property rights,improve the overall efficiency of China’s construction land use,promote the integrated development of urban and rural areas,and ensure the implementation of rural revitalization strategy.Therefore,it is of great significance and must be further studied.By combing the value goal and legislation status quo of the withdrawal of homestead,this paper finds that the withdrawal condition of homestead is single,and the withdrawal condition conflicts with the acquisition condition of homestead,and there is a problem of inclarity.At the same time,the withdrawal procedure of the homestead is missing.If the owner and user of the homestead are allowed to negotiate on an equal basis,there will be many obstacles such as the vacant status of the farmer collective,the undetermined withdrawal area and the difficulty in cancellation registration of the right to use the homestead.There will be the problem of non-standard withdrawal procedure.In addition,the compensation for the withdrawal of homestead is lack of corresponding standards,and the form of compensation is relatively single,which has the legal problem of lack of guarantee.For the above problems,this paper respectively from the historical background,power system,the Angle of capital bottleneck,using the method of historical study of homestead exit criteria,procedure,compensation and research on the legal issues,analysis that the value of the long-term urban and rural development in urban and rural land system of imbalances and differentiation are the reasons for the formation of rural homestead exit conditions undistributed;The lack of the right to the use of homestead,the weak content of the right and the fuzzy rules of the change of the right are the causes of the non-standard withdrawal procedure.The excessive dependence of rural revitalization funds on government input and the difficulties in the transformation of rural resource assets are the causes of the lack of security in the compensation for the withdrawal of homestead.To solve these problems,the cause of formation of combining the theory of law and legal means,this paper try to exit the homestead law issues put forward their own thinking and countermeasures: procedural provisions of the law should not only improve the homestead exit,to develop comprehensive exit criteria,to exit procedures,optimizing exit compensation,and to improve the system of housing land use right,usufruct can give appropriate right to use house sites with clear rules of change of land use right.