The Research On Exit System Of Homestead Use Right

The homestead use right system established on the basis of collective ownership of rural land is of great significance for guaranteeing peasants' living right and maintaining the stability of rural society.With the rapid development of industrialization and urbanization,the operating environment of the homestead use rights system has changed.On the one hand,a large number of rural people work in cities and the rural population migrates to cities in large numbers.The large-scale urbanization of rural population promotes the process of urbanization in China.At the same time,it leads to a large number of idle and inefficient utilizations of homestead.The demand for land for construction caused by the urbanization process has dramatically increased the pressure on farmland protection in rural areas.In order to achieve the high efficient usage of idle homesteads and alleviate the contradiction between the supply and demand of construction land and the pressure of protecting cultivated land,it is imperative to implement the exit right of use of homestead.It is clear that the connotation of the exit of the right to use the house site is the basis for the study on the exit system of the right to use the house site.The exit of the right to use the house site is a legal act that this right can be returned to the owner of the house site by a certain procedure,which is divided into the mandatory use of the homestead base and the exit of the homestead use right agreement.There are essential differences between the exit of homestead land use rights and the transfer of homestead land use rights,the elimination of homestead land use rights and collective land acquisition.The implementation of the exit right to the use of homesteads is of great significance for the rational allocation of homestead resources,the promotion of coordinated urban and rural development,and the improvement of homestead property values.Through the analysis of the current regulations on the exit of the use of homestead and the withdrawal of the right to use the homestead in the four pilot areas of Chengdu,Chongqing,Jiaxing and Tianjin,it is found that the exit right to use the homestead exits many problems such as,insufficiency,lack of procedures,and unreasonable compensation and so on.Therefore,measures should be taken to solve these problems of the system,and to improve it.First,it is necessary to clarify the mandatory exit conditions,cancel the preconditions for canceling the agreement,and improve the guideline for the withdrawal for the use right of residential land.Secondly,the compulsory exit procedures and agreement exit procedures should be regulated.The villagers committee should be the main body to recover the use right of the homestead,the negotiating procedures for exiting the homestead use rights should be established,and a diversified exit right remedy system should be established.Finally,we should improve the evaluation system,raise funds for withdrawal of the right by multiple channels,formulate a diversified compensation method,and determine the scope and standard of reasonable compensation for the exit of the use of the house site.