Study On Legal Countermeasures Of Homesteads Over-occupation

The over-occupation of homesteads is a common problem of rural land in China.The article studies the legal countermeasures of the issue.The introductory part of the article explains the background of the study,summarizes the previous research and studies,explains the study methods of this article,explains the study's significance,and summarizes the innovation of the article.The main body of the article is divided into four chapters to study the legal countermeasures for the problem of homesteads overoccuptation.Based on the classification of the homesteads over-occupation,the paper proposes several legal countermeasures to solve the problem.The first chapter of the article reveals the issue which is studied by the article.In theory,according to the appearance,the over-occupation of homesteads can be divided into one household with multiple homesteads using right and an over-standard homestead site using right.According to the legal reasons for the problem's formation,it can be divided into legal over-occupation and illegal over-occupation.In practice,the government's open data and scholars' research data reveals that the homesteads over-occupation is a current and serious problem in China.Over-occupation of homesteads can waste of resources,damage to the fairness of homesteads,increase management difficulties,mislead attitudes of society.These hazards reveal the necessity to tackle the problem.The second chapter of the article analyzes the legal reasons for the formation of the homesteads over-occupation.The problem of over-occupation of homesteads is formed in the legislation part and law enforcement part.In the legislative process,the reform of the legal system and the incoordination between the current laws are the legal reasons for formation of the homesteads over-occupation which having legality.In the law enforcement process,improper supervision and improper disposal measures are the legal reasons for the illegal over-occupation of homesteads.The third chapter of the article proposes the legal countermeasures for the homesteads over-occupation which having legality.Since the principle of Ex Post Facto prohibition and the value balance between apartment law,the basic principle to tackle the homesteads over-occupation which having legality is to legalize the homesteads over-occupation.The paths of legalization is to charge the homestead using fee,allow the legality over-occupation to be sold or be returned to countryside collective economy organization with compensation.Charging the homestead using fee applies to the over-occupation which due to historical reasons,inheritance and bequests.The transaction of legal homesteads over-occupation is applicable to one peasant household with multiple legal homesteads.Being returned to countryside collective economy organization with compensation applies to all legality over-occupation of homesteads in principle.The fourth chapter of the article proposes the legal countermeasures for illegal over-occupation of homesteads.The basic principle to tackle the illegal homesteads over-occupation is following the law and strict law enforcement.In the case that the law already stipulates,the law enforcement agencies shall strictly abide by the law and carry out law enforcement,and shall not legalize the illegal over-occupation behavior in disguise.The countermeasures of the illegal homesteads over-occupation are strict implementation of supervision and inspection,strict implementation of legal disposal,and encouraging of the land public interest litigation.In the conclusion section,the article reiterates the argumentation points of this paper.