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Research On The Withdrawal Mechanism Of Homestead Use Right In Rural Areas

Posted on:2021-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhangFull Text:PDF
GTID:2416330626961222Subject:Law and law
Abstract/Summary:PDF Full Text Request
Rural issues have always been a major livelihood issue of national concern.In the past 14 years,No.1 document of the Central Committee of the Communist Party of China has mentioned the reform of rural issues.With the rapid development of urban-rural integration in recent years,the phenomenon of idle rural homestead and waste of land resources is becoming increasingly prominent.Homestead system is an important part of the supply of Rural Revitalization system in China,but homestead system is also the most backward system arrangement in the rural land system.Therefore,it is urgent and important to solve some problems in the current homestead system.The most important part of the homestead system is the homestead use right system.In the past institutional arrangements,the main pursuit of the social security function of the homestead use right has been in a state of inhibition of its property value function,resulting in the solidification of rural land resources,the loss of farmers' property rights and other issues.Under the current situation of social development,the key to vitalize rural land resources and protect farmers' property rights lies in gradually opening the right to use homestead.And the withdrawal of homestead is the key to vitalize the use right of rural homestead.On August 26,2019,the amendment to the new land management law was adopted,in which Article 62,paragraph 6,stipulates: "the state allows the rural villagers who enter the city and settle down to voluntarily withdraw from the homestead with compensation according to law,and encourages the rural collective economic organizations and their members to make full use of the idle homestead and the idle homestead." The withdrawal of the right to use the homestead in the form of law affirms the property value of the right to use the homestead,which is undoubtedly a great progress.However,it should also be noted that according to the problems reflected in the pilot reform of homestead withdrawal,only making such general and single provisions is far from solving the problems existing in reality,and it is necessary to further improve the withdrawal procedures,benefit compensation,process supervision,post guarantee,etc.,and thesingle law is slightly thin,and it needs to be echoed by other department laws to work together Solve the legal problem of withdrawing the right to use the homestead.The main body of this paper is divided into four parts.The first part expounds the basic problems of the right to use homestead from two aspects: the concept of the right to use homestead and its institutional dilemma,the nature of the meaning of the right to use homestead and its policy trend.The second part summarizes and analyzes the current practice in the pilot areas of the withdrawal of the right to use the homestead in China.It mainly summarizes and analyzes the characteristics of three typical pilot areas,namely Pingluo County,Ningxia,Yujiang County,Jiangxi and Yiwu City,Zhejiang,in order to summarize the experience from the practice of the withdrawal of the right to use the homestead.The third part includes the necessity of the withdrawal of the right to the use of homestead and the shortcomings in the current implementation of the withdrawal of the right to the use of homestead in rural areas.First of all,it demonstrates the necessity of the withdrawal of the right to use the homestead from the following aspects: the current situation of the use of the homestead,the activation of the rural land resources,the revitalization of the countryside and the breaking of the dual structure of urban and rural areas.Secondly,from the imperfection of the legal system,the lack of farmers' collective,the unreasonable compensation mechanism,and the imperfection of the afterwards safeguard mechanism,this paper expounds the shortcomings of the current withdrawal of the right to use the homestead.In the fourth part,aiming at the deficiencies of the third part,the author makes some corresponding legal suggestions and countermeasures,hoping to contribute a little to the solution of the legal problems of the withdrawal of the right to use the homestead.
Keywords/Search Tags:Rural area homestead, Homestead use right, Withdrawal of homestead use right, Protection of farmers' rights and interests
PDF Full Text Request
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