Rural "More Than One House" Housing Demolition Problems And Countermeasure Research

The building principle of house-site in the countryside in our country is a home a house,it is the result of the land administration law of the People’s Republic of China(hereinafter referred to as "the land administration law")article sixty-two the provisions of the first paragraph: "the rural household can own one piece of land for building house,with the area not exceeding the standards provided for by provinces,autonomous regions and municipalities directly under the central government." However,in reality,it is quite common for rural residents to own more than one house site,which is mainly caused by the non-standard system and lax law enforcement related to rural land in China in the last century.In recent years,the central government has attached great importance to the phenomenon of "more than one house per family" in rural areas,and started to investigate the phenomenon of "more than one house per family" in rural areas to revitalize rural land resources.In March2015,yujiang district of yingtan city,jiangxi province was listed as a pilot area for rural homestead reform in China.It is an important part of the reform to explore and establish an orderly homestead withdrawal system.The problem arose when the local government decided to order villages to collectively take back the homestead of "one family with more than one house" to meet the demand for new rural construction land.The problem is different from the demolition problem caused by land expropriation in rural areas,where the homestead of "one family with many houses" is recovered by the village collective rather than handed over to the state.And because it is the demolition of all the villages within the region,its scale is far from the land expropriation demolition can be compared,in the demolition compensation has its particularity.As one of the first areas to carry out the homestead reform pilot,yujiang district is inexperienced in many aspects and illegal ACTS occur from time to time.In the process of reform,the villagers affairs council system was established in yujiang district,and the villagers affairs councils were selected from 1,040 natural villages toimplement the homestead reform plan.The village people affairs council of each village needs to complete the demolition work of all the houses with "one family and more houses" in the village,among which the problems mainly include the illegal compulsory demolition of houses with "one family and more houses" and the legal demolition of houses with "one family and more houses" by signing an exit compensation agreement.However,the local government has not considered the particularity of "one family with multiple houses",and has not clarified the boundary between the legal and illegal "one family with multiple houses" houses.The two cases are based on completely different legal provisions and applicable demolition methods.The land management law,urban and rural planning law,and certain provisions on the determination of land use right and ownership all have laws and regulations concerning the withdrawal of rural houses.In the specific implementation of the demolition of the villages in different ways,more chaotic.Therefore,it is necessary to analyze the demolition from such aspects as the basis,the main body,the procedure,the way of relief and the way of compensation.It is not that the laws and regulations do not regulate "one family with more houses",but the existing problems fully expose the deficiencies of the legal norms and the immaturity of the law enforcement system in the rural "one family with more houses" demolition in China.To solve these problems,it is necessary to improve the homestead management system,especially to establish and perfect the homestead inheritance system and the rural collective land recovery system.On the one hand,we will control more and more "one-family multi-family houses" caused by the inheritance of homestead.On the other hand,we will strengthen supervision over the illegal occupation of land and construction of houses by villagers.We will promptly remove the existing illegal "one-family multi-family houses" and reasonably guide the withdrawal of legal "one-family multi-family houses".Secondly,we should optimize the implementation plan of homestead reform,strengthen the legal consciousness of the specific implementees of homestead reform plan,absorb the young generation of village collective members with strong learning ability to manage the affairs of villagers,and provide a good model for other areas to carry out homestead reform.Finally,starting with thehomestead withdrawal compensation,the paper explores diversified compensation methods and guides the villagers to withdraw from the redundant homestead voluntarily.