Research On The Legal Mechanism Of The Exit Of Farmers' Homestead

With industrialization and urbanization developed rapidly,the needs of construction land in China are increasing sharply.Most of the additional construction lands are the arable land which are surrounded the rural areas,which leads to a continuous reduction of cultivated land area.However,in the vast rural areas,land resources are used ineffective and homestead resources are wasted.So,the needs of growth of urban construction land and the national policy become contradictory.In the period of social transformation,the vast urban employment market attracts more and more rural labor force,making the land to the peasant security function is no longer so important.In this background,making a fully use of farmers` idle homes,and their homestead exit will become an effective way to solve this problem.Homestead exiting will firstly solve a large number of rural h omestead idle problem,and secondly meet the urban construction land demand.The basic issues of exit from the farmer 's homestead are descri bed,including the definition of homestead,the status quo of research and so on.Taking the typical typical pilot areas of China 's homestead exit,this paper analyzes the reality of the exit of the peasant' s homestead,and evaluates it.According to the results of the questionnaire,analyze the factors that affect the farmers out of the homestead.And then put forward some problems in t he withdrawal of fa rmer's homestead: First,t he existing law lacks t he corresponding provisions for the withdrawal of rural h omestead,the second is t he lack of motivation to withdraw from the homestead,the farmers' wishes can not be fully respected,Disproportionate distribution.Third,the withdrawal of ho mestead farmers compensation is unreasonable,homestead exit the security mechanism is not perfect.As well as the lac k of homestead exit with the convergence of social security measures,the Government and so on.In view of the above problems,put forward the solution to solve the problem of rural homestead exit,first of all,to improve the relevant laws and regulations,to make up for legal vacancies,so that the withdrawal of work according to law.Secondly,the establishment of a complete homestead exit mechanism,including encouragement of farm ers to parti cipate in the e xit of t he incentive mechanism,farmers to participate in the compensation mechanism after the withdrawal,supporting the protection mechanism,and the land value-added benefits distribution mechanism,to ef fectively promote the rura l homestead to withdraw the corresponding supporting measures.Finally,the implementation of government homestead management list,improve the h omestead exit compensation management,to clarify the government responsibilities.In order to realize the smooth implementation of the homestead exit system,we will solve some problems such as the low utilization rate of rural homestead and the serious waste of land resources,and provide some ideas and suggestions for the introduction of more perfect homestead exit legal system.