On Legal Procedure Of Rural Homestead Exit

Homestead usufrutuary system as a peculiar land property right system in our country, not only relates to the vital interests of the majority of farmers and the rural social stability and economic development, also is our country socialist market economic system reform and the advancement of urban and rural integration, for the construction of a harmonious socialist society, stable social, economic, political and cultural development in China is of great significance. In recent years, as the development of market economy and the advancement of urbanization, a large number of migrant workers work in cites and settle in cities and towns. Especially after a new government helm, new urbanization was endowed with important position of expanding domestic demand and economic gripper, become the greatest potential for China’s long-term economic development. In the accelerated development stage of urbanization of China, urbanization rate also maintain annual growth of at least 1%.According to calculation, even if only 1% of the population come into the city each year, there are more than 13 million people. Combined with the family factors, such as the rural adolescents enter a higher school, the armies no longer living in the countryside, daughters got married, old man died and so on, land of inherit and use indefinitely, there are many "one more homestead " phenomena in rural, resulting in a large number of rural housing land idle. Meanwhile, more and more new rural population points less than the homestead, t he growing tension of urban construction, there has been a phenomenon of coexistence of idle and tension. Rural homestead for miscellaneous examination and approval procedures, the transfer restrictions and the lack of withdrawal system, resulting in the “not approval, not circulate, not exit” problems commonly exist in the management of rural homestead, and the important reason of these problems lies in the lack of exit mechanism of house-site in the countryside. The whole country has not set up unified and perfect mechanism of homestead exit, involving the homestead exit is mostly about exit rewards and compensation, the rules of exit program for house-site is one of the most key to exit mechanism is very few. Currently, only Chongqing, Kunming, Jiangsu, Anhui have brief provisions of rural homestead exit procedure. The current provisions on the homestead exit program still have widespread problems such as brief, farmers are unable to effectively exercise right to know, right to participate, express right and supervision right and the right to dissent, the division of work and responsibility main body is not clear, the land ownership role of village collective is absent and so on. Procedures are the guarantee of the entity, the lack of exit homestead and many unreasonable place, will directly affect the realization of farmers’ land property value. If the compensation amount and form of exit can’t guarantee farmer’s basic life after exit the homestead, the farmers as a rational person won’t choose voluntarily quit the homestead. Therefore, the problem of a large number of idle and waste of house-site in the countryside will not be solved effectively, rural land system reform can’t run smoothly.This article from the current provisions of the law and policy that contains the homestead exit procedures, mainly through analyze the current local government regulations about the homestead exit procedures, summed up the current legal system of rural homestead exiting the program widespread absence of legislation and existing exit procedure law contains a number of deficiencies and unreasonable place, to analyze land out of the nature of the legal behavior and peasants and village collective should enjoy the subject status and their respective rights and obligations in the exit. And then explore to establish and perfect the rural homestead exit legal procedure system that can reflect farmers land use rights subject position and play the role of participation and supervision of farmers in the exit procedure. In fully safeguard farmers’ legitimate rights and interests, follow on the basis of voluntary, timely adjust measures according to local conditions to guide the rural idle and abandoned homestead exit, and promote the process of rural land reform and urbanization.