Research On The Legal Issues Of The Compensation Of Rural Residential Land Use Right

The current use of all homestead for free already can not adapt to our economic development situation,the compensation of Rural Residential Land Use Right has become an effective means to solve the problem of land resources waste and land resources tension,is about the vital interests of hundreds of millions of farmers in China,is the key focus of three rural issues,but also for the implementation of rural revitalization strategy,realize the development of urban and rural integration development plays an important role.The "separation of the three rights" has been transformed from the theoretical conception into reality.Under this context,various localities actively explore the work contents of the homestead reform,which provides guidance for realizing the compensation of Rural Residential Land Use Right.Therefore,the compensation of Rural Residential Land Use Right is the only way to be based on the reality and look to the future.On the basis of clear basic definition,this study follows the traditional three-point method.First of all,the basic definition is explained.First,the connotation of the "separation" of homestead and homestead and the compensation of Rural Residential Land Use Right is introduced,which helps to grasp the direction of the compensation of Rural Residential Land Use Right,and then introduces the legal function of the compensation of Rural Residential Land Use Right,highlighting the significance of realizing the compensation of Rural Residential Land Use Right.Second introduces the present situation,explain the free use system in our country homestead use need to specification,the national rural revitalization strategy from the allocation of resources,the homestead utilization reform requirements,based on the current homestead must be paid use,to meet the real demand.Moreover,the relevant laws are further analyzed to clarify the normative basis of the compensation of Rural Residential Land Use Right,which reflects the legitimacy of the compensation of Rural Residential Land Use Right.The practice and exploration of the current compensation of Rural Residential Land Use Right are summarized.In terms of pilot practice,there are two ways for the compensation of Rural Residential Land Use Right,respectively,the paid ownership of homestead and the initial acquisition of homestead,so as to contribute to the following problem summary and put forward corresponding suggestions.Moreover,the legal dilemma of the paid use of homestead is clarified,including the lack of direct provisions,legal obstacles such as the unclear definition of "households",the lack of detailed rules such as the way,period and standards of the compensation of Rural Residential Land Use Right,and the imperfect supporting system for the compensation of Rural Residential Land Use Right.Finally,the corresponding legal countermeasures are proposed according to the problems found,including modifying Article 62 of the Land Management Law to directly stipulate the legal principle of paid land use,clarifying the definition of "one house,one house";determining the paid use mode of homestead,70-year period,nature and standard of paid land rent and income distribution mechanism;improving the homestead value evaluation mechanism and homestead approval management.