Study On The Withdrawal System Of Homestead Use Right After Peasants Settle Down In The City

In the process of rural homestead system reform in China,on the one hand,the flow of rural labor force to cities makes a lot of rural homestead idle;on the other hand,the development of urbanization makes land resources increasingly scarce.In addition,a large number of farmers go to cities for work and choose to settle down in cities and towns.After farmers settle down in cities,their rural homestead is idle and abandoned,resulting in a large amount of waste of land resources and restricting the realization of the usufructuary right of the right to use homestead.Based on this,the no.1 document of the central committee in 2019 once again emphasizes that "it is not allowed for farmers to withdraw the right to use homestead sites as a condition for them to settle down in cities".Meanwhile,"it is necessary to actively guide farmers to withdraw the right to use homestead sites for free." It is necessary not only to maintain the function of housing security,but also to make full use of the scarce land resources,so as to realize the property function of the homestead use right.First of all,the main body of the homestead use right is the rural collective members in principle,the homestead use right provides the residence guarantee for the collective members,at the same time,the homestead use right is the usufructuary right,is an important property of farmers.After the farmers become urban residents exit policy implication of housing land use right,from the perspective of farmers to respect farmers' will provide farmers with exit into the city after the failure to go back to rural life,and paid out of the land can also increase the farmers' income,provide a certain amount of money for farmers become urban residents life safeguard.From the perspective of peasant collective,we can avoid the idle rural houses and truly implement the collective ownership of homestead.Secondly,by sorting out the national regulations on the withdrawal of the right to use housing sites for rural residents settling in cities and the local normative documents in some pilot areas,the standards and procedures for the loss of collective membership of rural residents settling in cities are very vague.In the pilot areas,the most important measure for farmers to withdraw the right to use homestead "voluntarily" is to establish a compensation mechanism so that farmers can withdraw the right to use homestead voluntarily.However,the contents,standards and methods of compensation vary from place to place,and there is a lack of ways to withdraw the right to use the homestead after losing the membership of the collective.Based on this,in the issue of withdrawal system of homestead use right after farmers settle down in the city,it is necessary to clarify the standards and procedures for farmers to lose their collective membership after settling down in the city,and to make different provisions on the withdrawal path of homestead use right before and after farmers settle down in the city and lose their collective membership.Before losing the collective membership,on the one hand,the right to use the homestead is the property right legally owned by the peasants who settle down in the city based on the collective membership.In the process of making the exit system,the opinions of the peasants who settle down in the city should be fully listened to and the will of the peasants who settle down in the city should be respected.On the other hand,actively guide the farmers to withdraw the right to use homestead.Therefore,the content of compensation for withdrawal of homestead use right can be unified,the standard of compensation for withdrawal of homestead use right can be improved,and the way of compensation for withdrawal of homestead use right can be enriched.After the farmers of the collective membership,as a member of the collective have the right to use house sites,for subject identity attribute changes,it enjoys the right to use homestead properties was derived directly from collective land ownership of real estate usufructuary right,and draw lessons from the homestead "separation division" thinking of the right to the use of the processing,determine the service life and pay a fee and registration.