中国农村闲置宅基地使用权有偿退出机制的小考

In recent years, a large number of rural people choose to live in cities, which leads to many idle homesteads in rural areas. In addition to the idle problem, in the process of using rural homesteads, there are also widespread phenomena of excessive use and illegal use. For this series of problems, the government has issued a number of policies to explore the construction of a new homestead use system, hoping to integrate rural idle homesteads and make full use of resources to revitalize the rural economy. In 2018, the No.1 Document of the Central Committee clearly stated that it is necessary to "separate the three powers" for the homestead; Article 62, paragraph 6, of the newly revised Land Administration Law in 2019 stipulates that if villagers have settled in cities, they can withdraw from their homesteads according to their own wishes, and they can get corresponding compensation while withdrawing. As a village collective, we should also actively respond to the call of the state and take reasonable measures to reuse idle homesteads and houses. The formulation of the legal system for the withdrawal of the right to use rural idle homestead is an important aspect in China's current rural land system reform, which is concentrated in the current reform of the system of the right to use rural homestead. Facing many problems existing in the legislation and practice of the withdrawal of the right to use rural homestead in China at present. Under the background of reforming the rural homestead use system, this paper combs the current restrictions of rural homestead, and introduces the status, methods and principles of rural idle homestead withdrawal. The exit of idle homestead in rural areas is facing difficulties, For example, laws and regulations are not perfect, there are problems in exit guidance motivation, there is a lack of objective and unified standards, and there is a lack of convergence system. Then put forward to improve the laws, regulations and system norms of idle homesteads, To ensure farmers' dominant position and participation, farmers who quit their homesteads should be given appropriate compensation. Compensation methods and standards should be reflected in the system. At the same time, adequate social security should be provided for these farmers, and education policies should be well connected to protect farmers' interests and promote rural revitalization.