Research On The Reduction System Of The Right Of Utilizing Curtilage

The homestead foundation system satisfies the basic living needs of rural residents in China.It is a system with social welfare and security built by Chinese laws for farmers,which is essential for maintaining the stability of rural society.However,with the further deepening of urbanization,the phenomenon of hollow villages has emerged in all parts of the country,which has largely led to the idleness of a large number of residential sites in rural areas and the abandonment of rural houses.However,due to the current system of reclaiming the right to use homesteads in China,Imperfections make the system often in a state of being abandoned in judicial practice,so it is urgent to rationalize it.Looking at the current homestead land use right recovery system,there are problems in recovering the main body,recovering the cause,recovering the procedure,and recovering the compensation.Its typical performance is to recover the subject's rights,the incompleteness of the recovery,the lack of recovery procedures,and the lack of detailed compensation rules.Based on the above problems in the system,combined with the basic logic of legal theory and the dilemma of the recovery of the right to use the house site in judicial practice,through the combing of existing laws,local regulations and various documents related to rural land policy Analysis,improve the above different aspects.In the case of the legal act of reclaiming the right to use the house site,the nature of the law should be that after the establishment of the right to use the house site,the landowner will reclaim the right to use the house site based on the achievement of the specific cause during the period of the owner's right to use the house site.In order to eliminate the usufructuary right over the land and restore the ownership of the land to a satisfactory state,the legal logic of the achievement of the specific cause includes the exercise of the right of the landowner to terminate the property right,and the right of the homestead to the specific obligation Violation,as well as the land owner and the land user right to reach a recovery agreement.In terms of the ability to recapture the subject,it should be clear that the collective economic organization is the starting entity for the recovery of the right to use the homestead,and the government is the supervisory body for the recovery of the right to use the homestead;in terms of recovery,the owner of the land is the owner of the property.The right of termination,the violation of the specific obligation by the right holder as the legal revocation,and the recovery based on the negotiation between the twoparties as the intended recovery;in the case of the recovery procedure,the necessary reminder procedure is set up before the withdrawal is initiated,and the voting procedure is clearly defined in the voting procedure.The public voting recovery under the statutory recovery shall be subject to a democratic voting procedure,and the withdrawal of the decision shall be made in accordance with the absolute majority.Finally,in terms of compensation for recovery,a detailed distinction is made between statutory recovery and intended recovery,and rules are separately set.