With the rapid advancement of urbanization and the soaring price of urban real estate, the potential asset value of rural residential land is gradually emerging. In rural areas, especially in economically developed areas and urban-rural fringe areas, the phenomenon that urban residents go to rural areas to buy the right to use homesteads to build houses or directly buy farmers' houses has long existed. Moreover, with the acceleration of urbanization, this phenomenon will intensify, leading to more and more disputes and disputes about homestead. Relevant research shows that among land disputes, rural homestead disputes account for the largest proportion, accounting for 38.3% of the total number of cases. Homestead disputes mainly refer to disputes over ownership or non-ownership of homesteads. Disputes over the ownership of homestead can be defined as all kinds of disputes or disputes arising in the process of possession, use and income of homestead before the ownership of homestead is determined. Non-ownership disputes of homestead mainly refer to homestead disputes such as homestead infringement and homestead illegality after the ownership of homestead is determined. Homestead ownership dispute is different from homestead infringement. The so-called homestead infringement refers to the infringement of homestead rights and interests when the land ownership has been determined. Such disputes should be regulated in accordance with the provisions of general tort in civil law, and the infringer should bear the corresponding tort liability, such as returning the homestead, demolishing illegally built buildings or other facilities, etc. Comparatively speaking, disputes over homestead ownership must be investigated and handled by the people's government first. If you are dissatisfied with the administrative decision, you may apply for administrative reconsideration or bring an administrative lawsuit to the people's court. Homestead infringement can directly bring a lawsuit to the people's court. Therefore, these two dispute handling methods are different. Homestead ownership disputes are also different from homestead illegality. The so-called illegal homestead refers to the situation that the behavior of the parties violates the laws and regulations on homestead and should be investigated for administrative and criminal responsibility according to law, such as illegal approval of homestead, illegal occupation of homestead, destruction of homestead and other illegal acts. The dispute in this respect belongs to the illegal dispute of homestead. Illegal homestead belongs to the scope of public law adjustment, and the land management department can give corresponding administrative punishment or administrative punishment according to law to these illegal acts. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the criminal law. The dispute of homestead ownership is a civil dispute between equal subjects due to unclear homestead ownership, which is regulated by civil law and belongs to the category of private law. If the two parties to the dispute over the ownership of the homestead can't reconcile on their own or one party goes back on his word after reconciliation, the corresponding people's government or government department will mediate or make a ruling. If they are dissatisfied with the mediation and ruling, they will bring an administrative reconsideration or administrative lawsuit according to law. At this time, this kind of dispute will be transferred to the category of public law adjustment, which will be adjusted by the administrative reconsideration law or the administrative litigation law. Homestead disputes involve a wide range, showing the characteristics of multiple occurrences. Relevant data show that since 10, people all over the country have mediated about 552,000 homestead disputes every year. Judging from the proportion of land disputes in all kinds of disputes, housing disputes on homestead account for 10% of all kinds of disputes mediated in China every year. With the establishment of rural homestead circulation market, there will be more and more homestead disputes in the process of mortgage, guarantee and transfer of farmers' housing property rights. In the long run. The protracted nature of homestead disputes is mainly manifested in the long history of such cases. Due to historical reasons, many disputes over homestead spanned two different eras, from private ownership of homestead to public ownership of homestead after 1949 ~ 1956. In addition, China has generally confirmed the right of homestead four times, namely, land reform, cooperation, 1962 "four decisions" and 1982' s re-registration of land ownership before and after the promulgation of the Constitution. Therefore, some homestead disputes have a long time span and it is extremely difficult to investigate and collect evidence. When dealing with them, we should not only consider the background and policies of the times at that time, but also consider the existing laws, regulations and policies. Complicated. That is to say, in dispute handling, there are many subjects involved, many laws and complicated handling procedures. As one of the most important properties of farmers, homestead will involve farmers, villagers' groups, villagers' committees, people's governments at or above the county level and their land management departments in the process of dispute settlement, which involves many legal relationships and complex subjects, resulting in complicated application basis and application procedures. Legal settlement procedure of homestead disputes. 1. Special principles for resolving disputes over the ownership of homestead. There are two main principles to deal with disputes over the ownership of homestead: one is the principle of pre-procedure for administrative handling. Mainly refers to the dispute case of homestead ownership. Before the final administrative lawsuit, the relevant administrative organ must make an administrative decision according to law, otherwise the people's court will not accept it. The second is the principle of protecting existing interests. The principle of protection of existing interests mainly means that neither party may change the existing state of the homestead or destroy the existing state of the houses, trees and other appendages on the homestead before the dispute over the ownership of the homestead is resolved, that is, before the right is confirmed. 2. Procedures for handling disputes over homestead ownership. According to the Land Management Law, Measures for the Investigation and Handling of Land Ownership Disputes and other relevant laws and regulations, the procedures for handling disputes over homestead ownership mainly include consultation, mediation, administrative adjudication, administrative reconsideration or administrative litigation, as follows: First, consultation. Consultation is a way for both parties to a dispute to deal with their rights, which embodies the principle of autonomy in private law. Therefore, consultation must be based on voluntariness, equality and truthfulness. The contents of the consultation shall not violate the law or social morality, and shall not infringe upon the public interest or the legitimate interests of other subjects, otherwise the contents of the consultation shall be invalid; If an agreement is reached through voluntary, equal and full consultation, the settlement agreement shall be binding on both parties after being signed and sealed by both parties. The second is mediation. First of all, if the two parties to the dispute fail to reach a settlement agreement or one party reneges on the mediation agreement, it shall apply to the corresponding people's government or land authorities for mediation in writing. The administrative departments of land and resources at or above the county level shall be responsible for the investigation and mediation of disputes over the ownership of homesteads. Disputes between individuals or between individuals and units may also be accepted and handled by the people's governments at the township level upon the application of the parties. Second, a written review. After receiving the application, the people's government or the land administrative department shall conduct a written examination within 7 working days. Third, investigate and deal with it. After examination, the people's government or the land administrative department shall examine the evidence provided by both parties to the accepted case of homestead ownership dispute. If it is verified through investigation, mediation shall be conducted on a voluntary, reasonable and legal basis. If an agreement is reached through mediation, a conciliation statement shall be made in time. If the mediation fails to reach an agreement, the government or the main management department of the homestead shall promptly put forward opinions on investigation and handling. Because there is no mediation opinion, the legal relationship has been in an unstable state. In order to restore normal legal relations, the government or the main management department of the homestead should deal with it in time. Therefore, Article 30 of the Measures for the Investigation and Handling of Land Ownership Disputes stipulates that the organ accepting the dispute case shall put forward opinions on investigation and handling within 6 months from the date of accepting the land ownership dispute. Due to the complexity of the situation, it is not possible to put forward opinions on investigation and handling within the specified time, and may be appropriately extended with the approval of the main person in charge of the government or the main management department of the homestead. The third is the administrative ruling. If the people's government or the land administrative department fails to reach an adjustment agreement after accepting the dispute over the ownership of the homestead, it shall put forward opinions on investigation and handling, and report it to the superior or the people's government at the same level for decision within five working days, that is, an administrative ruling. For this administrative ruling, the parties neither apply for administrative reconsideration nor bring an administrative lawsuit, that is, it becomes legally effective. Research shows that 47.4% of cases are solved by people's governments or land authorities, which is almost half. Therefore, the specific administrative act made by the government, that is, the relevant decision issued, is the main form to solve the dispute over the ownership of homestead. The fourth is administrative reconsideration or administrative litigation. According to the provisions of the Administrative Reconsideration Law, the Administrative Procedure Law and relevant laws and regulations on land management, the parties to the dispute over the ownership of homestead can apply for administrative reconsideration or bring an administrative lawsuit in the following two situations: first, the decision made by the relevant people's government on the above investigation and handling opinions; Second, the decision made by the relevant people's government not to accept the application of the disputed parties to the homestead ownership. For the above two cases, the parties may first apply for administrative reconsideration, and if they are dissatisfied with the reconsideration results, they may bring an administrative lawsuit; You can also bring an administrative lawsuit directly to the people's court without reconsideration. Procedures for handling disputes over non-ownership of homestead. For the settlement of homestead non-ownership disputes, such as homestead infringement, homestead illegality or other homestead disputes, both parties to the dispute may directly bring a lawsuit to the people's court; Can also be in accordance with the homestead ownership dispute handling procedures, first negotiated settlement. If negotiation fails, you may apply for mediation or administrative adjudication. If you are dissatisfied with the handling, you may apply for administrative reconsideration or bring a lawsuit to the people's court. In my opinion, when dealing with this kind of contradiction, we should focus on the difference between the ownership dispute of homestead and the non-ownership dispute of homestead. The key point of the difference between the two is the confirmation of the ownership of the homestead. Before confirmation, it was mainly a ownership dispute, and after confirmation, the infringement and breach of contract belonged to a non-ownership dispute. However, due to the complexity of homestead disputes, some of them span a large historical scope and contradictions have accumulated for a long time. Specific and complicated issues should be further studied and solved in combination with specific policies and laws.