Research On The Legal Aspects Of Rural Homesteads

Rural homesteads are closely related to the lives of hundreds of millions of farmers,and the reform of the rural homestead system is an important part of the realization of rural revitalization and agricultural and rural modernization.The homestead system is a unique policy-based security system for farmers in my country,which is related to the living security of farmers and the long-term stability of the country.With the rapid development of urbanization in my country,more and more farmers are entering the cities to work,and some farmers still have multiple houses due to inheritance and other reasons,resulting in a large number of idle homesteads in rural areas.Property functions in exchange for living security and funds to purchase houses in cities,and the willingness to withdraw from homesteads exists in reality.In 2019,the newly revised "Land Administration Law" Article 62,paragraph 6 stipulates that "the state allows rural villagers who have settled in cities to voluntarily withdraw from their homes with compensation.rural collective economic organizations and their members are encouraged to revitalize and utilize idle homesteads and idle houses",which legally established the homestead withdrawal system and laid a legal foundation for the withdrawal of rural homesteads.The regulations are not clear,resulting in many legal problems in the practice of rural homestead withdrawal,and the rural homestead withdrawal system needs to be improved urgently.The paper firstly starts from the legal provisions on the withdrawal of rural homesteads in my country,and explores and analyzes the typical homestead withdrawal modes in the pilot areas,including the "two points and two exchanges" model,land ticket transaction model,land purchase and storage and housing pension model,The construction of new urban and rural communities and the "land coupon" model,to clarify the advantages and disadvantages of these models,in order to summarize the experience that can be promoted nationwide,and provide experience and ideas for the improvement of the rural homestead exit model.Secondly,it analyzes the current situation of homestead withdrawal in our country and the legal problems existing in homestead withdrawal.The current situation of homestead exit in my country is:abundant reserve resources for exit,low willingness of farmers to withdraw from homestead,government-led exit from homestead,various compensation standards and methods for homestead exit,etc.Norms,farmers’wishes are not fully respected,compensation standards are unreasonable,benefit distribution is unbalanced,and supporting measures are not perfect.Again,put forward a perfect proposal for the exit of the homestead.On the basis of clarifying the principles that should be followed in the withdrawal of homesteads,specific suggestions for improvement are put forward.Standardize the exit procedure of homestead by regulating the behavior of the administrative departments in the withdrawal of homestead,constructing a smooth exit process for each department,and strengthening the supervision of the homestead exit procedure.By publicizing and popularizing the relevant content of homestead withdrawal and negotiating the compensation method for homestead withdrawal on an equal footing,fully respect the wishes of farmers,and ensure farmers’ right to know and their right to choose independently.By unifying the scope of compensation for homestead withdrawal,reasonably determining the compensation standard for homestead withdrawal,combining compensation for homestead withdrawal with social security,and securing compensation funds for homestead withdrawal,a reasonable compensation system for homestead withdrawal will be established.By perfecting the relevant laws of homestead,guiding the reasonable interest relationship of homestead,and strengthening the positioning of local government service providers,we should improve the benefit distribution system in the withdrawal of homestead.By speeding up the legalization process of homestead exit,establishing a balanced social security system between urban and rural areas,and adopting multiple compensation models to improve supporting measures for homestead exit;at the same time,some suggestions for establishing a long-term mechanism for rural homestead exit are put forward.