Legal Realization Of Paid Withdrawal Of Rural Homestead

As an important land resource,homestead resources have increasingly prominent economic attributes.The Paid Withdrawal of homestead can more or less increase the property income of rural villagers.However,the biggest problem in our country's current homestead utilization is the low utilization rate and idle homestead.However,at the same time,the supply of urban construction land is increasingly tight,so this paper chooses the current "Land Management Law" to recognize the right to withdraw from the homestead besides the right to occupy and use it,hoping to achieve the goal of improving the utilization rate of homestead through the "Paid Withdrawal" system in the homestead system.This article takes the summary of the current situation of homestead as the background,analyzes the concept of homestead Paid Withdrawal deeply,and clarifies that the concept of homestead Paid Withdrawal is that the owner of the right to use the existing homestead surrenders the right to use the homestead that he has possessed and used,and returns it to the state of collective ownership or non-collective members' possession and use.,and obtain corresponding property income.In the analysis of the historical evolution of homestead Paid Withdrawal,the author makes clear the principles of voluntariness and compensation that homestead Paid Withdrawal always follows,as well as the basic thinking of legislators on the path of homestead Paid Withdrawal.In order to further propose the path of homestead Paid Withdrawal,this paper makes a normative analysis and constitutional analysis of the new "Land Management Law",making it clear that the main body of homestead Paid Withdrawal should be all rural villagers,not "rural villagers who have settled in cities".In the choice of specific path,this paper analyzes the main theoretical dilemma and practical dilemma of homestead Paid Withdrawal,of which the biggest theoretical dilemma lies in the lack of disposal power of homestead use right and the biggest practical dilemma lies in the voluntariness of rural villagers.On the basis of analyzing legal dilemma of homestead Paid Withdrawal,the author thinks that the Paid Withdrawal of homestead use right can be realized by establishing secondary usufructuary right or creditor's right,of which the secondary usufructuary right belongs to a 70-year power time limit and the creditor's right can be realized by establishing legal leasehold right,with the maximum time limit being 20 years.However,no matter how the Paid Withdrawal of homestead use right is realized,collective economic organizations and their members have the preemptive right,and the obtained benefits are appropriately distributed among the collective economic organizations and their members.