On The "One Family,One Homestead" Legal System About Rural Homestead In The Process Of New Urbanization

Taking a comprehensive view of the basic dynamics of China’s economic development and social progress,it is a necessary road to complete the reform of urbanization and urbanization.In the current situation of development,the agglomeration of big cities has been basically completed,and gradually play a more and more important role in society.And the next nationwide new urbanization construction,whether it continues to play the momentum of China’s economic development,or in the new rural construction process,the specific role can not be ignored.However,in the actual operation of the process is not difficult to find the solution to the construction of new countryside and promoting the deepening of the new urbanization process,land contradiction is the fundamental problem we cannot bypass,which use and recovery on the homestead has become the key point.In China’s current legal system,the use of rural residential land follows the basic principle of "one family,one house".This principle stipulates that the basic standard of living of rural residents is fundamentally guaranteed.However,there are also a number of problems.The emergence and existence of these problems are not only from the current social structure,but also from the non-compliance of the legal system and the implementation process.Therefore,the research on this problem is of theoretical value and practical value.Based on the above background and the status quo,with the new urbanization process for the macroscopic historical background,its land contradiction and the demand for specific operating platform of the land use system of opforhs "legal system to carry out related research,to the current node in the total system,the basic focus of expression the contradiction,to provide the necessary basis for the follow-up system.The specific content of the study is divided into four levels.First of all,on the land using the opforhs institutional basis and arrangements are summarized and discussed,summed up the theoretical basis of its internal concept and characteristics,and implementation,and optimization of the feasibility and value;secondly,the status quo of the use of the present stage in the analysis,namely on the stage the rural homestead opforhs institutional arrangements in the implementation of the possible problems discussed.According to the basic conclusion of the investigation,it can be divided into chaos,the illegal registration system generally,and the comprehensive utilization of idle phenomenon widely missing,hidden market to destroy the market rules in five aspects;thirdly,further analysis of the problems through the use of current homestead in the process of opforhs "system implementation in the system,find out the reason of the core.From the perspective of the problem,the fundamental contradiction is the fundamental contradiction behind the extensive social demand and legislative practice,concrete analysis is the opforhs "is the important foundation of China’s rural social security system and the people’s livelihood system,the process of urbanization is of great significance to protect private property and inheritance.But in the actual legislative system,it includes the confirmation,the acquisition,the withdrawal and so on.It lacks the necessary legal support,or lacks the practical reference.This contradiction is the fundamental objective of the above-mentioned problems;finally,in order to fundamentally solve the problem of the source of the new rural construction system of homestead,the registration system reform,the household registration system,regulate market behavior and its affiliated supervision system establishment and perfection is fundamental to solve the above problems.In a subsequent study process,this paper will be the main line,to carry out scientific research with innovation,hope to be able to provide the necessary theoretical basis for the future work of the legislation,provide necessary guidance for our judicial practice base.