Legal Research On The Exit Of The Homestead

With the acceleration of urbanization in our country, a large number of surplus labor forces in the countryside are speeding up the transfer to the city, the function of the rural residential land to provide housing security for the farmers is more and more unable to meet the real needs of farmers. The introduction of paid exit system of Homestead is required urgently to change the problem of homestead idle, inefficient use and other issues. However, the exit of the homestead is facing the restriction of the urban-rural dual economic system and the low level of the rural social security. How to fully tap the market value of the homestead to make the exit of homestead can not only change the construction land shortage situation, but also promote the protection of cultivated land; both allow farmers to achieve complete rural homestead property, and promote the improvement of farmers’ security level and living environment is attracting more and more attention from both theoretical and practical departments. To this end, some pilot areas actively explored the path of homestead exit. They formed a homestead exit mode with their own characteristics, which greatly enriched the theory and practice of the homestead exit and brought a useful inspiration for the establishment of homestead exit system.However, we can find that there is no comprehensive, normative and clear agreement about homestead exit after an overview of China’s current legal system of the homestead. Laws like "Property law” and "land management law" do not have a complete definition of homestead exit. These reasons lead to the incomplete legal construction of the use right of homestead and the lack of legal basis of residential property to create economic benefits. Current academic research and practical exploration are still unable to get the operational answers to improve the exit of homestead. Most of them are the principle of regulation and differentiation strategy. These theories have caused a lot of controversy in the academic community. Their pilot also lack of unified system support. Therefore, it is indispensable to sort out the existing research results in theory, learn from the excellent practice of the pilot areas and lessons learned.This paper is divided into the following four parts. The first part is an overview of the homestead exit, including the detailed summary of the concept of homestead, homestead use right, homestead exit and other related concepts. On this basis, the paper analyzes the current situation of rural residential land use in China and discusses the necessity of the homestead exit. The second part focuses on carding the relevant contents of the national and local laws and regulations on the homestead and homestead exit. It sums up the current regulations and takes three typical models as the material of empirical analysis to analyze the reference value of local mode. In the third part, the paper elaborates the main problems encountered in the implementation of the homestead exit. The fourth part puts forward the corresponding solutions, and puts forward the suggestion of establishing rural homestead exit mechanism.In summary, this paper finds out the predicament of the homestead exit through combing the relevant laws and regulations and comparative analysis of typical exit mode in practice based on the concept of homestead exit. It integrates various ways to solve the predicament to let the homestead exit from the farmers’ willingness. This paper puts forward suggestions for the establishment of the relevant supporting system for the homestead exit and provides a useful reference for the practice of the homestead exit, so that the production elements can release strong economic value, produce good social utility.