Research On Rural Homestead Withdrawal Mechanism In China

The “CPC Central Committee on deepening reform of the overall number of major issues”proposed “to give farmers more property rights,to protect farmers homestead usufruct,reform and improve the rural homestead system”,The “People's Republic of China national economic and social development of the thirteenth five year plan” proposed to “carry out land mortgage financing,proper transfer,voluntary and paid exit pilot ”and “protect the right of the use of curtilage that belong to farmers settled in city”.The purpose of all there top-level design are that change the current situation of lack of power in the development of rural economy and farmers' rights and interests is difficult to protect t,so that farmers share reform and development dividends.In order to implement the central level of the top-level design that make the right to the use of curtilage become part of property right system,market system and power of urbanization construction,we must clarify the concept and legal characteristics of the right to use homestead;and from the legal and policy level,analyzing the connotation of current our country homestead exit and basic form.Recognizing the importance of land property rights,rights allocation and farmers' behavior is an important factor to promote the withdrawal of rural residential land.Based on these theories,it provides the theoretical support for the practice of rural residential land withdrawal.In order to promote the integration development of urban and rural,solve the double disadvantage of not making full use of the rural residential land in our country and inadequate urban construction land,the introduction of relevant norms and carry out the “homestead exit practice” has become a national and local direction respectively.Practice has provided valuable experience for the construction of rural residential land withdrawal mechanism,but there are many problems.The rural residential land withdrawal,which is led by local government,restricts the realization of farmers' rights and interests.These issues include farmers' legitimate interests are damaged by selective and incomplete homestead exit mechanism,compensation funds has become one of the bottlenecks of homestead exit,unreasonable compensation method and standard of farmers homestead exit behavior choices.The lack of standardized procedures makes the homestead exit in the process of procedural justice is difficult to show.In addition,China's household registration,social security two yuan of the existence of the structure of the farmers to increase the homestead exit concerns.Experiences are concluded from the existing rural homestead exit practice.Aiming at the problems in the practical process,and puts forward the basic ideas,exit mechanism design and supporting measures to improve the specific countermeasures and suggestions.Protect farmers' rights and interests as the core of homestead exit,adhere to the basic work of a clear property for homestead exit.In the homestead exit mechanism design,the local government should establish the correct positioning of the role,to jointly promote the type of exit mode of government and farmers,especially farmers to strengthen the role of exit,farmers and collective economic organizations for the main position;according to the actual area,the land use right,housing and appurtenances in Homestead exit;construction of integrated homestead exit compensation the source of funds and scientific special compensation fund management procedures,to provide funding for house foundation exit;to establish the compensation standard compensation mode is diversified and reasonable,improve the farmers' exit risk perception;specification of homestead exit program to protect the homestead exit procedure justice.In addition,we should establish modern property rights system,perfecting social security system,the supporting system to replace the existing rural homestead life safeguard function,social welfare function,realize the integration of urban and rural construction,from urbanization.