Research On The Legal Problems Of Rural Residential Homestea (Right Of Use) Exiting In The Context Of New Urbanization

Urbanization construction is a historical task of our country's modernization construction. Along with the advancement of urbanization works, the party and the state constantly deepen the connotation of urbanization construction, To put forward the “urban and rural areas as a whole, interactive, economical and intensive, ecological livable city urbanization construction, the new goals of harmonious development”. However, our country rural area have many questions, for example land idle, inefficient and extensive use, one more homestead, severe land contact trading and so on. The land use present situation exacerbated conflicts with the new urbanization construction requirements. In January 2015, the central committee of the communist party of China and the state council, issued the paper of “ rural land expropriation, the collective management system of construction land market and land reform pilot's work opinion", in 33 pilot counties across the country to carry out comprehensive reform pilot work, including paid quitting mechanism of land system. In this background, Put forward the research of new urbanization under the background of house-site in the countryside(right of use) out of legal issues.In the first chapter, we are discussed the problems to explore the basis of rural homestead(right of use) exit, at the concept of rural homestead(right of use) exit elaborates the connotation, the related theoretical foundation began, the existing homestead(right of use) exit generalizes in the laws, the regulations and policies. and then show out the paper discusses the homestead(right of use) out of the current rules and clear thesis research direction in the narrow homestead(right of use) exit; The second chapter analyzes the existing defects of systems at homestead(right of use) rural and the requirements for the construction of urbanization, including the demand for land use, to protect the interests of farmers, promote rural development requirements and new demands of the subsequent development of urbanization, highlights the current rural land use present situation and the new requirements of the conflict of urbanization; The third chapter is the current domestic housing land(use) to exit the typical pilot reform of the inspection, and the trial practice around the model from the angle of characteristics and problems are analyzed; The fourth chapter mainly analyzes our country existing main exit ways, through the comparative analysis of each exit ideas, from the train of thought choice and transaction way to choose two aspects of selecting suitable for our country homestead(right of use) out of the path; The last chapter, put out the perfection of its recommendations in the homestead(right of use) out of the legal system, land management system, incentive compensation mechanism and the distribution of the exit evaluation mechanism and so on.The innovation of this paper is reflected in three aspects: the idea innovation, the innovation of ideas and the innovation of countermeasures.First, put forward the government guidance, market participation, the villagers' autonomous exit way in the homestead(right of use);Second, in order to meet the needs of the cost of the farmers out of the need to move put out the right to change the way of trading;Finally, combined with the existing homestead(right of use) withdraw from the reality, the author puts forward specific suggestions, especially in land management system in the homestead(right of use) recovery and re distribution system, family members of limite dsuccession institution, etc.