Research On Legal Issues Of Withdrawal Of Rural Homestead

The purpose of the current rural homestead system in China is to protect the right of residence of farmers.However,with the rapid development of urbanization and the rapid promotion of household registration reform,a large number of rural labor force poured into the city,agricultural production mode and farmers’ way of life have undergone tremendous changes,farmers’ dependence on homestead has declined,resulting in the emergence of "hollow villages" in rural areas,the use of homestead is relatively inefficient.In 2018,the Central Committee document No.1 promoted the reform of exploring the "three separate rights" of rural homestead ownership,qualification and use right,which is helpful to solve the problem of idle rural homestead and effectively guide farmers to withdraw from the right to use homestead in an orderly manner.However,the relevant legal system of rural homestead in China is mostly principled,and it does not make clear and detailed regulations on the withdrawal of rural homestead,which causes practical difficulties.Therefore,under the background of "three rights division" of rural homestead,it is of theoretical value and practical significance to deeply study the relevant legal problems of rural homestead withdrawal.This article starts from the present situation of the system of rural homestead withdrawal.Through the summary of the rural homestead withdrawal system,the theoretical exploration of the rural homestead "three rights division ",and the combing of the relevant legal documents on the rural homestead withdrawal in recent years,this paper introduces the basic general situation of the rural homestead withdrawal in China,and lays the foundation for the later discussion.This paper summarizes the practice of the rural homestead withdrawing from the pilot area and draws some suggestions to promote the rural homestead withdrawing from the pilot area.The conflict of application,the scattered entity norm of rural homestead withdrawal,the lack of the procedure norm of rural homestead withdrawal,and theinsufficiency of the relief mechanism for the loss of the peasants’ rights.Finally,according to the corresponding legal issues put forward to improve the legal mechanism of rural homestead withdrawal,including:legislative interpretation to eliminate the conflict of legal application,systematic improvement of homestead withdrawal entity norms,improve the rural homestead withdrawal procedures norms,strengthen the rights of returning farmers relief and a series of suggestions.