Research On The Withdrawal System Of Homestead Use Rights

The withdrawal system of the right to use homesteads has always been a key aspect of China’s homestead reform,with important institutional functions such as optimizing the allocation of homestead resources and ensuring the property rights of rural villagers.However,from a policy and legal perspective,the withdrawal system of the right to use homestead land in China is still incomplete,which is reflected in the legislative deficiencies at the national level and the lack of innovative provisions in local regulations;The normative policies of higher-level local governments endow each local government with greater power,resulting in different policy provisions issued by lower level local governments,and the phenomenon of adjacent areas having different rights in the same land,which is not conducive to protecting the legitimate rights and interests of farmers and collectives.From a practical perspective,although the reform of the withdrawal of homestead land in pilot areas has provided useful experience for the construction of the withdrawal system of homestead land use rights,some problems have also been exposed.For example,in some regions,local governments limit the use of abandoned homesteads to reclamation in exchange for construction land indicators,and rural collective economic organizations,as the representative exercise subjects of collective land ownership,cannot enjoy the corresponding use rights,income rights,and disposal rights;The compensation mechanism for the withdrawal of homesteads in some areas is unreasonable,with low compensation standards or single compensation types,and rural villagers lack the enthusiasm to voluntarily withdraw from homesteads;In some regions,conditional withdrawal of the right to use homesteads is implemented,requiring the withdrawing villagers to give up their membership in collective economic organizations,which is not conducive to the protection of personal identity and interests.Behind the current situation of the above-mentioned issues,it reflects the operational difficulties of the system of withdrawing the right to use homestead land,such as the lack of effective control and communication channels,administrative dominance of withdrawal rules,and the lack of protection for the rights and interests of homestead users and owners.Behind it are root causes such as the tension between national legislation and local policies,the vacancy of farmers’ collective subjects and the weak legal status of collective members,and the neglect of basic legal principles in the exit rules of local government systems.To improve the system of withdrawing the right to use homestead land,we should continue to adhere to the principles of voluntary and paid withdrawal,while strengthening the top-level legislative design and providing strong guidance and constraints for practical exploration in various regions through the introduction of specialized national legislation or central policies;We should clarify the positioning of government functions and collective economic organization functions,and respect the right to use,benefit,and dispose of collective land ownership;We should explore diverse and diverse exit compensation mechanisms,establish social security mechanisms and exit incentive mechanisms;It is necessary to distinguish between the right to use homesteads and the qualification right of farmers,allowing rural villagers to voluntarily withdraw from homesteads for compensation while retaining their identity as members of collective economic organizations.