Legal Research On The Exit Of The Homestead In The Countryside

At present, China’s urbanization has entered a period of rapid development, a series of reformation measures are compatible with this rapid progress.Under intense social background,when dual structure in our society has been gradually broken, urban employment market has been completely open to the rural labor force, land for farmers to survive increasingly has weakened security function, and multivariate survival of farmers dependent pattern has been basically formed, such reforms which tap unused potential homestead and promote the implementation of the homestead exit,the homestead is into farmland and the homestead is into urban construction land needed for development,meet without reducing arable land under the premise to ensure the rapid economic development of the city "double insurance" target, consistent with national saving, efficient use of the guidelines and principles of land resources.For a large number of rural residential land idle and low efficiency problem, quitting the country and actively have implemented the pilot reform of rural homestead, explored a new path of reform of the rural homestead system, the formation of a lot of local characteristics of the homestead exit mode, particularly in Tianjin, Zhejiang Jiaxing, Wenjiang, Chengdu and Chongqing as a typical representative.But our country is not based on specific legislation on the homestead, the current "Land Management Law" has not defined homestead exit problems, resulting in a lack of legal regulation the right to use homestead exit,which lacks of a unified system based on pilot work around the homestead, resulted many problems around the pilot.Therefore, piloting experience,discovering the problem and proposing appropriate solutions to achieve successful promotion homestead exit become necessary.This article consists of three parts:firstly,The main contents of the first part is the basic problem about the right to use homestead exit.The main significance of the general problem of exiting elaborate homestead, including the general concept of the right to use homestead exit, facing practical difficulties and homestead exit.Secondly,The main contents of the second part is the empirical analysis of the exit of the homestead.Selecting several typical domestic pilot areas as the end result, the status quo of our country homestead exit pilot, analyzing outstanding problems which exist.Summary of Jiaxing, Zhejiang, Tianjin, Chongqing, Chengdu Wenjiang and should learn from the experience of the pilot areas, such as the introduction of the homestead exit normative documents related to local conditions take the form of a variety of models to promote homestead quit, retire importance supporting measures to protect farmers the survival of life.It also found that some of the outstanding issues which expose, for example, the current lack of appropriate provisions of the right to use homestead exit law, contrary to the wishes of farmers, lack of value-added distribution of benefits of homestead exit mechanism, the right to use homestead unreasonable compensation mechanism, lack of homestead exit convergence of the social security system, and these problems are analyzed in detail.The main contents of the third part is the countermeasures about these problems. The portion is based on the second part of the analysis which based on the existing problems raised crack homestead exit strategies, including the improvement of relevant laws and regulations, adhere to reasonable compensation for reasonable public authority to intervene under the premise of respecting the wishes of farmers, the interests of the establishment of value-added distribution mechanism, establishing mechanisms, and putting forward to some corresponding supporting measures to promote the right to use homestead exit.In summary, the basic conceptual problems, significance, practical difficulties, such as exiting article from the homestead, analyzing several typical experimental situation, summarizing the pros and cons of the problem and proposing appropriate countermeasures.Thus, expecting to achieve a smooth exit homestead promotion system, breaking the current rural homestead inefficient use of land and other existing problems serious waste of resources for rural economic development to provide support.