清华大学蔡继明：完善司法解释，明确闲置农房出租、入股的合法性边界

Core Viewpoint - The article emphasizes the importance of legally revitalizing and effectively utilizing idle rural land and housing, as outlined in the recent guidelines from the Central Committee of the Communist Party of China [1][2]. Group 1: Current Situation of Idle Rural Land and Housing - There is a significant mismatch between urban construction land and the rural population, with a high level of idle rural land and housing. As of 2024, the urbanization rate is projected to be 67%, while rural residents occupy twice the construction land per capita compared to urban residents [4]. - In 2022, the total number of idle homesteads in the country reached 9.83 million [4]. Group 2: Challenges in Revitalizing Idle Land and Housing - Despite multiple government initiatives encouraging farmers to voluntarily exit homesteads for compensation, progress remains slow due to legal restrictions on land ownership and usage rights [5]. - Farmers face challenges in receiving adequate compensation for exiting homesteads, as current laws do not allow urban residents to purchase rural housing or land at market rates, leading to reluctance in relinquishing their rights [5]. Group 3: Legal and Policy Recommendations - It is suggested to adopt a "land follows house" principle to enhance farmers' property rights and facilitate the flow of land use rights, which would help in realizing the value of rural properties in a unified urban-rural market [6][7]. - Recommendations include clarifying legal applications and improving judicial interpretations regarding the rights of farmers and the collective ownership of land, as well as promoting successful pilot reforms in land use rights [8][9]. Group 4: Suggestions for Further Reforms - There is a call for deeper land system reforms to grant farmers complete usufruct rights and security rights over homesteads, including specific amendments to the Civil Code to enhance their property rights [9][10].