Research On The Rights Confirmation And Management Of Rural Homestead In China

Homestead is an important part of rural collective construction land,is one of the most important protection of the interests of farmers' land,shouldering the social welfare and social security function of farmers,it is very important to protect the farmers' living.For a long time,due to the lack of effective legal constraints of rural homestead,homestead registration certification system is not perfect,township and village cadres lack of awareness of land use according to law,most of the rural lack of scientific land planning,coupled with the land registration personnel do not have sufficient expertise and responsibility,it has caused many problems,such as confusion of homestead management,extensive land occupation and high idle rate.Due to the lag of the registration and certification work,resulting in the existence of one family but several house,ocuppy more than approved,illegal occupation of homestead and other phenomena.On the homestead rights confirmation,the homestead can be legally effective management and famers'legitimate use right of homestead can be realized.Taking Linzhou city of Henan Province as an example,this paper analyzes the current situation of rural homestead rights confirmation and management from the perspective of local government,relevant departments,village collective and farmers,and found the following problems:from the aspect of homestead rights confirmation,due to historical and practical reasons,it is difficult to avoid disputes over the right to use,initial registration and change of registration is not timely,unclear right leads to new and old land card convergence difficulties,leaving hidden dangers for the further management of homestead.From the aspect of homestead management,first,the distribution link.The distribution of the homestead is casual,there is the phenomenon of arbitrary charges of homestead approval,the lack of responsibility for the review of the land sector,land department did not actively fulfill the responsibility of review;Second,circulation link.The phenomenon of private land transfer exists,there is no registration of change to use homestead,and in the process of circulation,the mechanism of benefit allocation is not established.Third,exit link.The compensation standards of Homestead exit and procedures are not operational,social security system related to homestead exit is not perfect.In the face of a series of problems in the process of the rights confirmation and management of homestead,we need to take practical and effective measures to solve them.In terms of rights confirmation,confirm the subject of rights according to law,registration of the right should be regulated,properly handle the problems left over by history,do a good job of homestead certification.In terms of homestead management,firstly,continue to improve the law of homestead management;Secondly,strengthen the rural homestead planning;Thirdly,establish and improve the mechanism of circulation and exit.Fourthly,increase the supervision of homestead;Fifthly,strengthen publicity and education,improve farmers'awareness of the homestead;Finally,to reduce the worries of farmers,establish and improve the rural social security system.