Research On The Legal Regulation Of The Risk Of Homestead Withdrawal

As one of the basic land systems,rural homestead system plays a unreplaceable role for rural residents’living and housing.At present,perfecting the rural homestead exit mechanism can do benefits for optimizing rural land resource configuration,making full use of rural homestead’seconomic benefits,stimulating the vitality of rural economy,which is an important part of deepen the rural land system reform.But,the existing rural homestead exit mechanism has its inadequates,the relevant legislation needs to be perfected,which may bring risks to rural residents and villages,so we have to regulate these risks by law,make sure that rural homestead exit can be done in good order and steadly.This article mainly use literature research,value analysis and comparison method,deeply analyze the rural homestead exit risks,including the main risks,the causes of the risks and legal countermeasures and advices for regulating these risks.This article was divided into three parts:Part one,the throretical basis of legal regulation for rural homestead exit risks.By means of defining the relevant concepts of rurul homestead,stating the relevant theories of rural homestead exit,so as to set the base for the following discuss.Part two,risks and cause analysis of rural homestead exit.Through inspecting the usage status quo and main exit modes of rural homestead,then sum up the main risks and analyze them,find out the inadequates of the existing rural homestead exit mechanism.Part three,the legal countermeasures and advices for regulating the rural homestead exit risks.Through the former analysis and study,raise a series of legal countermeasures and advices including explicit the rights and obligations of rural homestead exit legal subjects,pefect rural homestead registration system and build rural homestead exit compensation mechanism,etc.The innovation points of this article is:Firstly,the research angle is new and practical.Through retrieving articles about rural homestead exit mechanism,we can find that present researchs mainly focus on the analysis of factors that influence farmers to exit rural homestead,designs of exit compensation mechanism,researchs of rural homestead exit models,principles and concepts of rule by law of desiging the rural homestead exit mechanism,etc.This article was based on the practices of rural homestead exit,combining the inadequate of existing systems,then analyze the risks that may cause during the exit process and offer legal regulation advices,the research angle has a certain innovativeness.Secondly,The countermeasures are targeted and operablility.The countermeasure part of this article has both macro and micro perspective,then raise legislation advices in detail and a specific way,covers three stages,namely before,during and after rural homestead exit,the conclusions have a certain innovativeness.