The Research On The Protection And Utilization System In Rural House Sites Resource

Our rural society is a vast and complicated area since ancient times, with the accelerated process of market economy in China, there is a increasingly frequent product trade in the rural community. At the same time, rural areas have a increased staff mobility, many farmers have settled into the town or city and purchasing the real estate, the farmers’ rural homestead has been idle, it is impossible to recycle the idle homestead by coercive force for reusing, there is no doubt that it is a great waste to the already shortage land resources in such current status of China, which is what we can do some research in the field of rural homestead protection and utilization of resources, but there are few scholars put forward the feasibility proposal for this aspect.Rural homestead protection and utilization of resources, is relate to all kinds of efforts that to protect the rural homestead resources and make the homestead resource utilization maximum effect by the legal, administrative and science and technology means. In particular, we need the rules and norms of protection and utilization from a legal perspective. It involves in many theories, such as a scarcity of land, sustainable development, land value and so on. In practice of the protection and utilization about rural homestead resources, we should insist on the principles of the rational planning, co-ordination arrangements, local conditions, based on the actual use, as well as rural homestead controls, the protective principle of balanced the interests of the rural homestead.From the perspective of historical analysis, the protection and utilization rural homestead resource system of China has experienced a total of five stages:the privately owned rural land stage, the embryonic stage of the protection and utilization in the rural homestead resource system, the establishment phase of the protection and utilization system in rural homestead resources, the reform stage of the protection and utilization in rural homestead resources system, the development stage of the protection and utilization in rural homestead resources system.The protection and utilization in rural homestead resources system is supported by the laws, such as the Constitution, Civil Law, Contract Law, Property Law, Land Management Law, etc., and the relate utilization system can be divided into four part, such as rural homestead obtain method, transference mode, the principle of the transference, the rational allocation of rural homestead resources.For example, the current situation in China, the legislation protection on the protection and utilization in rural homestead resource system exists a phenomenon that the law can not meet the real need, such as the subject of ownership is dummy bit in rural homestead, and the restrictive provisions of Land Management Law on homestead property resources is not conducive for the farmers to enforcement the right of the transference in rural homestead resources freely. Thus, we need improve the protection of legislation, the specific measures are:enact the rural homestead laws to ensure the unity of the various rural homestead regulations; ensure peasants’homestead land rights, and establish an effective incentive mechanism; entitle villagers have the complete autonomy rights, and strengthen the sense of participation in the affairs about rural homestead. Realatively, there is a more complicated problem in the actual utilization of rural homestead resources, it can be divided into three parts:the problems in using of the rural homestead resources, deviation of the farmers’ understanding on the rural homestead resources approval regulations and the practical problems in operations management. Therefore, the reference to the protection and utilization of the advanced experience in foreign rural homestead resource of Western countries, it can provide enlightenments to propose some solutions which combined with China’s actual situation, the specific programs should be expanded from three aspects:to solve the problems in using of the rural homestead resources, we can clear the range of transference, establish a standardized transference system in the rural homestead resources, establish a reasonable income distribution mechanism of the rural homestead resources transference; to solve the deviation of the farmers’ understanding on the rural homestead resources approval regulations, we can make the law and regulations of the rural homestead resources more widespread; to solve the practical problems of the rural homestead in operations management, we can create orderly market of the rural homestead, the government should make more efforts in planning, more strict restrictions in applying subject of the rural homestead, and strictly control the acquisition condition of the rural homestead and upgrade the management agency level of rural homestead resource allocation.