Legal Research On Homestead Exchange

With the speed up of China's urbanization and industrialization, land is increasingly becoming a scarce resource. In order to meet the demand of vast lands and solve the land and financial problems emerged in the process of urban-rural over planning and developing, different places, especially the economy developed regions have introduced homestead exchange programs. Homestead exchange refers to farmers exchange their land use right and buildings, structures above their lands for a set of housing in the unified government planning area. Government or the collective will rehabilitate the homestead; the saved land use right will transfer to the secondary and tertiary industries through collective circulation, then directly nationalized or developed as real estate. Land revenue generated in the process will be used to solve the financial problems in the development of small towns. This mode of homestead exchange solved the problems of land and capital in the process of urbanization therefore actively exploring by local governments. In recent years, the "double give up" mode of Chengdu, mode of Huaming in Tianjin city, Jiaxin mode, Beijing Pinggu and Daxin mode emerged one by another all around the country. The exploration even spread in some urban-rural fringe of central and western regions. At present, "homestead exchange" policy is still in pilot phase. In the pilot cities, usually urban-rural small towns, the pilot has not spread widely.Policies various in different towns and homestead exchange related laws are ambiguous. As homestead exchange involves collective land ownership, land use right of collective construction land, prices, relocation compensation, protection of the interests of farmers, property management and many other problems, it needs the correspond of Land Management Law, Land Law, the Price Law, Property Management Law and other laws and regulations to regulate the legal entities involved in the process of homestead exchange—government, the collective, farmers, investors and divide their rights and obligations. Without the unified provision of law farmer's housing rights can never be protected and the transfer of some farmer's house to city residences had brought the issue incomplete housing property rights. The absence of unified laws and regulations lead the violation of farmer and collective interests. Now we have to strengthen the research of legal problems on homestead exchange, regulate the incomplete housing property right issue by promoting the legal system reform.Full text is divided into three parts, the first part is involved house-site replacement of the legal relationship. This paper analyses the meaning of house-site replacement, then summarizes the jiaxing mode, tianjin huaming town mode, Beijing pinggu, daxing mode, chengdu "double give up" mode and so on several typical models, through house-site replacement for above a few typical pattern combing, this part of homestead replacement last involved in the course of legal relation is discussed.The second part was the homestead replacement exists in the legal problems. Homestead replacement forced removals problems existing in, replacement room property right defect problems, collective construction land use rights illegal flow problem has seriously infringe on farmers' land rights, which affected the normal operation of rural land system. This section mainly expounds the three questions above the expression, cause and various treatments.The third part is the related law house-site replacement system consummation. This part is the logical foothold, chiefly to perfect the legal system of house-site displacement related forward their own ideas, including property rights of clear replacement room, reconstruction collective construction land use rights transfer system and supporting the improvement of the system of the three major problems.