Research On Legal Issues Of Buying Shares Of Idle Rural Homestead

Since the reform and opening up,the traditional "rural China" is gradually transforming into "urban and rural China",and the connection between urban and rural areas is increasingly close.The rural population keeps flowing into the city,and the idle and waste of homestead resources are widespread.Homestead carries the social function of ensuring the security of farmers’ residence.The welfare and identity of homestead related rights highlight the great significance of homestead in the strategy of rural revitalization.With the encouragement and support of relevant national policies and laws,the active utilization of idle house land and idle house has been actively explored in practice.Under the background of rural revitalization,making the utilization of idle homestead resources more standardized and reasonable is still the direction that needs to be actively explored at the current stage.The active utilization of idle house land is an important content of the reform of the house land system.As one of the ways of active utilization,the utilization of idle house land as a share has the special advantage of realizing the large-scale utilization of rural land,which is highly consistent with the spirit of the reform.The feasibility and necessity of using idle rural homestead as a shareholder can be seen from the following five aspects: policy orientation,realistic demand of serious waste of homestead resources,basic conditions provided by relevant laws,experience of land management right as a shareholder and unique advantages of homestead as a shareholder.By introducing the reform process of homestead rights under the "three rights separation" reform,this paper systematically combs the types of homestead rights under the "three rights separation".On this basis,it analyzes that the nature of the right to use homestead under the "three rights separation" is different from that of both identity and property in the past.When defining the types of homestead rights,The author thinks that the type of homestead right should be pure property property right.Under the background of great changes in the nature of rights on the homestead,new legal problems in the practice of buying shares of idle rural homestead need to be solved.This paper makes a systematic analysis of the existing laws and policies,and combined with the practice and exploration of the homestead investment companies and the farmer specialized cooperatives in the pilot areas of homestead,points out that the existing laws on homestead investment are scattered,and there are many restrictive regulations on homestead investment.At present,there are still some problems in the pilot practice of the idle homestead investment,such as the fuzzy definition of the main body,the difficulty of financing mortgage and profit distribution,and the limitation of rights disposal.In view of the legal dilemmas faced in the practice of buying into idle rural homestead,the solutions are put forward from the following aspects: First,it is necessary to clarify the property of the right of buying into rural idle homestead from the legal perspective to promote relevant legislation;The second is to strengthen the legal regulation of idle homestead investment in the three stages of establishment,enterprise operation,liquidation and withdrawal.The third is to improve the construction of entity rules in the relevant laws of homestead investment;Fourth,it is necessary to strengthen the construction of relevant supporting systems such as the regulation of homestead investment,right confirmation and registration,price evaluation and risk prevention.In general,this thesis focuses on the utilization of idle homestead as a shareholder in the background of rural revitalization,and analyzes the legal issues in the process of idle homestead as a shareholder from the perspectives of jurisprudence,law and practice,in order to provide new ideas for rural revitalization and development and help rural revitalization.