Research Of Legal On The Withdrawal Of Homestead Use Right In Chinese Rural Areas

At present the social and economic reform in China is stepping further,and in the aim of implementing the moderate prosperity society in an all-round way,the urbanization will be an inevitable choice to the government.And furthermore coordinative development of urban and rural areas shows the rigid demand for construction land.Under the existing land system,relying only on the limited rural homestead or land acquisition has been clearly inadequate.Once we want to both protect our farmland red line without wavering and to meet the demand for urbanization construction land.Thus improving the efficiency of the construction land use and exploring the rural land system changes,especially the rural homestead use right withdrawal system have become the focus of academics and the government.Rural homestead use right is the premise of the study of rural homestead withdrawal.Firstly,in order to illuminate that the rural homestead use right is a kind of usufructuary right and there is possession,use,income and punishment and other power in it,we should make a research on the basic theory about its meaning,nature,content and so on.The meaning of rural residential land withdrawal is still not clearly defined in the academics.And from the jurisprudence point of view,it refers to the right to use homestead land through a certain way,and then return the land use right on a specific to the land ownership.The ownership of the land and the rural homestead use right unified legal act in the same subject.For the disposition of the object including a right on the specific subject matter or some right on the subject matter,the withdrawal can be considered as the performance that the rural homestead land ownership to deal with the use right they have.Although it is easily to mix up the concept of the transfer of the rural homestead land,the withdrawal and the land expropriation in the academics they have different connotation and extension.In the transfer of the rural homestead land the use right holder will be altered.In the land expropriation,the ownership of the land will be changed.But in the withdrawal some specific homestead use right will disappear.According to some scholars on the current status of the rural land use survey,many farmers show lower passion to the rural homestead land withdrawal.It is necessary to perfect the withdrawal of rural homestead land in our country,once we want to perfect the usufructuary rights,improve land use efficiency and promote the development of urban and rural areas as a whole.Nowadays Profound changes have taken place in our social economy.With the rapid development of the economy,the proportion of primary industry in the whole national economy continuously decreased.In that situation,many rural residents come to work in the city and involved in the second and third industry,that makes the attachment relationship of the rural residents to the rural residents diminished gradually.Otherwise along with our country urbanization level enhances unceasingly,the rural population declines.The outdated rural land system can no longer satisfy the needs of social and economic development,and many rural residents really have the will to get out of the rural homestead land.From the above,the economy,current society,wills of rural residents,the existing laws and regulations,the policy guidance,implementation of the rural homestead withdrawal in our country is feasible.Through the analysis of the current using statue of rural homestead in the countryside in our country,we found that there is a series of problems,such as extensive use and high proportion of idle and so on.It suggests that the present situation of rural land use changing is urgently needed.After Tianjin started to explore the increase or decrease of urban and rural construction land using index connection system,different areas also began to explore the rural homestead withdrawal system combined with local conditions.After the investigation of typical pilot areas about the use of rural homestead use right and exit status,we find the generality that they replace the original homestead use right for the new house,no matter the homestead withdrawal combined with the household registration system reform in Chongqing or the "Two-for Two" test in Jiaxing.All of these methods are beneficial to improve the efficiency of the land use and the rural residents' living environment and so on.But there' s still a series of problems,such as whether the government should participate in the withdrawal,whether farmers can get compensation based on the land use right itself etc.Aimed at the theoretical puzzlement of the homestead withdrawal way of present typical pilot areas,the government should affirm the expansion of right to the use of power in legislation.What' s more,they should prevent the rights of the holders from expansion infinitely by defining the meaning of homestead withdrawal.The government should be the role of a server in rural homestead withdrawal process,and guide the village collective economic organizations to a reasonable and orderly homestead withdrawal in rural areas.The government should formulate corresponding laws and regulations and make scientific evaluation on the value for the land and housing,determining the measurement standard and income distribution as well as the homestead land reclamation later and other issues.So that in face with every aspect can we insure the withdrawal process be public and justice.And to better protect the legitimate rights and interests of homestead use right holders.Through perfecting the system of rural homestead withdrawal system,hoping to make it eventually spread to all parts of the country.