Research On The Allocation Of Rights In The Withdrawal Of Homesteads

As the reform of urban and rural dual structure system and the household registration system,a large number of rural labor force into urban employment,great changes have taken place in production and lifestyle,farmers' dependence on rural land is weakened,leading to the emergence of "abandoned" and a large number of homestead idle or even "hollow village" phenomenon in the reality.With the accelerated process of urbanization,how to realize the reasonable distribution of urban and rural land resources,alleviate the pressure of urban construction land,it worth in-depth discussion.But limited to the current homestead cannot be free to flow,scholars and the government turn their attention on the homestead exit,but there is very few legal system specifically on homestead,homestead exit is legal blank.Studies on homestead exit about necessity,influence factors,exit mode,exit compensation mechanisms and so on,provide a train of thought for the future legislation,the local governments play an important role in implementing the homestead exit pilot work to solve the problem of low use efficiency on homestead,but rights configuration is not reasonable in the homestead exit process,resulting in homestead exit work has not been widely carried out.This article took the rights configuration as the breakthrough point,combined with the relevant regulatory documents and the homestead exit pilot work,analyzed the problems of the rights initial configuration and the reassignment of the rights between the related right subjects in the exit of the homestead,then put forward the countermeasures to perfect the rights configuration in homestead exit,in order to promote homestead exit word effective.The article was divided into three parts,the first part was theory analysis about the homestead exit and its rights configuration,mainly introduced the homestead,homestead use rights,homestead exit the relevant concepts,as well as the relationship between them,analyzed the relationship between rights configuration and resource allocation,rights initial configuration and rights reconfiguration.The second part analyzed the rights configuration problems in the homestead exit process,there is a legislative defect in the initial configuration,the ownership of the homestead and the acting subject line was unknown;homestead ownership power was limited;homestead free and unlimited use;the right to use homestead free access is limited.In the real homestead exit,right reconfiguration subject dislocation,the local government intervened with executive power in the homestead exit;homestead owners and the right use person to re-allocation of rights are limited.The third part was countermeasures and suggestions to improve the rural homestead in the exit rights configuration:clear ownership and the one who on his behalf to use rights;create of land compensation and term use system;establish and perfect the registration system of homestead use rights;introduce offer and commitment rules;establish a democratic consultation system of homestead exit;give farmers collective and the villagers construction land indicators;construct and perfect the homestead exit compensation system;perfect publicity system,rights relief mechanism and complete urban and rural social security system,expect to be able to provide a reference for future homestead exit practice.The possible innovation of this paper is based on the allocation of rights,targeted the rights configuration in homestead exit to explore issue,mainly adopted literature research,theoretical analysis and text analysis of the combination of methods,through reviewing and sorting out the information,analyze the legislative defects in the right initial configuration phase,in the reconfiguration phase of the real conflict,and put forward the countermeasures of perfecting rights configuration in homestead exit.Lack of field research,cannot fully understand the national homestead exit the pilot of the actual situation,coupled with my own theoretical knowledge accumulation is not enough,the study is not deep enough.