Exploring The Legal System Of Homesteads With Compensation

In the final report of the State Council on the pilot situation of the "three blocks of land" reform on December 23,2018,it was clearly stated that it is necessary to continue to explore the voluntary and paid-out system of homesteads.In recent years,China's urbanization process has been advancing rapidly.The central government's documents,including the 2019 Central Committee Document,have repeatedly pointed out that it is necessary to increase the property income of farmers,especially after the “three land” reform pilots in recent years.The right to use has become one of the most important property rights of farmers.The problem of rural housing sites has once again become the focus of attention from all walks of life,especially the issue of the paid exit system of rural homesteads has become an important part of academic research.Rural housing sites refer to collective construction land collectively owned by rural collective economic organizations and distributed to their members for construction dwellings and other related appendages without restrictions on the use of time limits.The paid withdrawal of rural homesteads often involves the ownership of the ground attachments.Therefore,when a farmer who legally obtains a house site withdraws from the house site and abandons the right to use the house site,there is a certain property loss,which should be compensated accordingly.At present,from the perspective of legislation,there are loopholes and gaps in the legislation of rural homesteads;there are some loopholes in the legislation at the national level;(1)the application of objects has limitations;(2)the lack of provisions for the examination of subject qualifications;(3)Lack of reward and punishment system;(4)Unsound economic compensation(5)The paid exit procedure is not perfect.In view of the outstanding problems in the legal system of the homestead,the author proposes perfect suggestions from the following five aspects:(1)tiered legislation of the state and local governments;(2)establishing and perfecting the system for reviewing the qualifications of rural homesteads;)Establish and improve the compensation system for paid exit of rural housing sites;(4)Establish and improve the system of paid exit and punishment for rural housing sites;(5)Establish and improve the paid exit procedures for rural homesteads.