农村闲置土地和房屋盘活利用
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专访蔡继明:完善司法解释,明确闲置农房出租、入股的合法性边界
2 1 Shi Ji Jing Ji Bao Dao· 2025-11-04 11:47
Core Viewpoint - The article emphasizes the need to legally activate and utilize idle rural land and housing, as outlined in the recent guidelines from the Central Committee of the Communist Party of China, which aims to promote the dual flow of urban and rural factors and support the development of new rural collective economies [1]. Group 1: Current Situation of Idle Rural Land and Housing - There is a significant mismatch between the proportion of urban construction land and the rural population, leading to a high level of idle rural land and housing. In 2024, the urbanization rate is projected to be 67%, with rural residents occupying twice the construction land per capita compared to urban residents [3]. - As of 2022, there were 9.83 million idle homesteads across the country, largely due to the migration of rural residents to urban areas while retaining their homestead rights [3]. Group 2: Challenges in Activating Idle Rural Land and Housing - Despite multiple government initiatives encouraging voluntary and compensated withdrawal from homesteads, progress remains slow due to existing laws that restrict farmers' rights to benefit from their homesteads [4]. - The current legal framework treats homesteads as public property, limiting farmers' rights to profit from or mortgage their homesteads, which discourages them from relinquishing these rights [4]. Group 3: Recommendations for Legal Activation - It is crucial to clarify legal applications and improve judicial interpretations regarding the rights associated with homesteads and collective land ownership. This includes defining the conditions under which homestead rights can be transferred or mortgaged [7]. - Successful pilot reforms in homestead systems should be integrated into legal frameworks to enhance farmers' rights and allow for broader, compensated transfers of homestead usage rights [7]. Group 4: Suggestions for Land System Reform - There is a call for deeper reforms in land systems to grant farmers complete usufruct and mortgage rights over their homesteads. Proposed changes to the Civil Code would allow collective landowners to establish these rights, thereby enhancing the economic viability of rural properties [8].