中国农村闲置宅基地使用权流转法律问题研究

Abstract

Homestead, as a major land resource in rural society, is of great significance to the development of rural society. With China’s economic development, industrialization and urbanization, a large number of farmers go to cities to work and settle down, which leads to insufficient land supply for urban construction land resources. However, rural homesteads are abandoned and idle, resulting in a large number of idle homesteads in rural areas, resulting in waste of important rural land resources. With the accelerating process of new urbanization in rural areas, the rapid development of rural economy and the rapid changes of society in recent years have led to many new phenomena or new problems, such as the transfer of homestead, which is the closest to farmers' own interests, which has become an urgent problem to be solved. At present, the country gradually relaxes the policy of transferring the right to use rural homesteads and idle farmhouses, aiming at liberating rural land resources and providing an important driving force for rural economic development. At the time of rural comprehensive revitalization, To deeply understand the current situation of idle homesteads in rural areas, Definition of idle homestead, It is difficult to implement the policy of one household and one house, Rural population flows into cities to settle down, This paper analyzes the causes of idle homestead in rural areas from the aspects of lack of scientific planning in village construction and unclear relevant laws and regulations, and combines the actual role of the Property Law and Land Management Law promulgated by the state in the circulation of idle homestead and the practical problems existing in the circulation of idle homestead in practice, lacking strong laws and regulations; The scope of circulation is not limited by the village; Idle homestead exit compensation standard is different, so as to put forward some suggestions to solve the dilemma of idle homestead in rural areas: improve the laws and regulations of rural homestead circulation; Standardize the rural homestead circulation market; Improve the compensation mechanism of rural idle homestead, etc., hoping to provide reference for scientific management of rural idle homestead, improve the utilization rate of idle homestead, and promote the circulation of idle homestead.