Research On The Law Of Compensation For Exit Of Homestead Use Right

With the gradual progress of urbanization,a large number of homesteads in rural areas in China present an idle or inefficient use state,which damages the property value of homestead and causes serious waste of land resources.In March 2015,the National people's Congress authorized the State Council to carry out the pilot reform of "three plots of land" in 33 counties(cities and districts)of the country,of which 15 regions focused on exploring the reform of the homestead system.The pilot areas have been active and achieved some reform results.Among them,the withdrawal system of homestead use right plays a vital role in the pilot reform.In the process of promoting the withdrawal of homestead use right,one of the problems that farmers pay more attention to is the compensation of homestead use right withdrawalThrough the investigation of three pilot areas in Pingluo County of Ningxia Hui Autonomous Region,Yujiang District of Yingtan City of Jiangxi Province and Yiwu City of Zhejiang Province,it is found that the withdrawal compensation of homestead use right is faced with the problems of lack of system level design,low participation of farmers in the process of withdrawal compensation,inconsistent compensation scope,single compensation mode and gap in compensation fundIn view of the above problems,we should adhere to the principles of reasonable compensation,differentiated compensation and follow-up of supporting measures.For problems that do not belong to the scope of local economic development and geographical location,the state level should unify the relevant laws and regulations throughout the country;fully respect farmers' wishes,ensure farmers' direct participation in the whole process of withdrawal compensation,and guarantee farmers' right to know,participate and supervise;Strengthen the policy propaganda,innovate the working way,invite the expert to enter the village or by the expert training policy propaganda team,let the farmer fully understand our country homestead system and the area homestead use right exit compensation policy,construct the satisfaction survey and the question feedback mechanism;Actively explore the homestead ownership,qualification rights,use rights "three rights separate",fully broaden the source of withdrawal compensation funds.