A Study On The Withdrawal System Of Rural Homestead Use Right

It is reported that the national total of nearly 300 million migrant workers, of which there are 200 million migrant peasant people, while the number of these migrant workers has increased year by year. Many perennial migrant settlers living in the city or village, "hollowing out" trend is increasingly evident. And the currently system of rural homestead right to use the provisions are:"rural homestead owned collectively, farmers use, not free trade, rent and transfer; one a house, shall not exceed the prescribed standard provinces, autonomous regions and municipalities; rural residents can not sell their to urban residents and urban residents in rural areas can’t buy and housing from rural residents. "The problem of homestead Land use right can’t be transferred only cause their" alternative nostalgia" troubles, but also be a constraint to growth in property income of farmers, urban and rural construction efficient use of resources, the shackles of industrialization and urbanization and agricultural modernization process of development, become a source of urban housing prices, land prices and land finance system. In order to protect the interests of farmers, make use of land resources, speed up the industrialization and urbanization and agricultural modernization, it is necessary to reform the currently rural homestead right system.Considering to the background of the new town and the problems of rural land due to the practice of reforming, the article contributes to research reasonable exit system solve the use of rural land use right of rural land resources, rural socio-economic development of the "people", "ground" problems. This article consists of five parts of the homestead right exit system research.The first part is the basic concept of land use right, the legal characteristics make a general overview of the theory, and then detailed the significance of the right to use the analysis, laying the groundwork for the later leads.The second part summarizes our current law relating to homestead right to exit the system and provides a brief introduction, and analyzes the problems due to the provisions of the homestead right, and Nanjing, Wuxi, Huai’an, Jiaxing experiencing exist predicament areas homestead right exit Status practice system for analysis, so as to clear homestead right to build and select exit exit mechanism, improve the exit system of land use right content rationalization proposals provide a basis.The third part played a role in connecting link. On the part of some elaborate homestead right to exit the current situation, the plight, but that does not mean homestead right exit system research is not necessary. This chapter is the necessity to withdraw the right to use the homestead both implementation of the system for analysis:namely, the urgent requirement of the times demand new urbanization and conservation of land resources under the basic national policy, which can lead to a lower portion of the perfect homestead right exit system content recommendations.The fourth part is from the village to establish community-based town, building compensation mechanism, improve laws and regulations, establish a monitoring mechanism to exit the quartet face trail, gradual improvement homestead right exit system rationalization proposals.The fifth part is established from the delimitation of property rights and improve farmers’ social security system two aspects to elaborate homestead right exit matching system, thereby homestead right to exit the system play a role in promoting purposes.