宅基地制度改革
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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
21世纪经济报道· 2025-11-05 02:53
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].
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].
引导宅基地在县域范围内优化配置
Xin Hua Ri Bao· 2025-10-20 21:49
Core Viewpoint - The reform of the homestead system is aimed at optimizing the allocation of urban and rural factors, supporting comprehensive rural revitalization, and promoting urbanization centered around county towns [1] Group 1: Homestead Rights and Management - The confirmation of homestead rights solidifies the foundation for urban-rural factor allocation by granting farmers exclusive rights to occupy, use, and benefit from their homesteads, enhancing the liquidity and financing potential of these assets [1] - A comprehensive management information system for rural homesteads has been established, achieving a 100% certification rate for "one household, one homestead" in Wujin District [1] Group 2: Compensation and Urban-Rural Integration - The voluntary and compensated homestead exit mechanism breaks down the dual land system barriers, facilitating the transition from inefficient land use to more intensive and efficient utilization [2] - Diverse compensation mechanisms support the urbanization of agricultural migrants, creating pathways for population concentration and land savings within counties [2] Group 3: Activation of Homestead Assets - Utilizing idle rural houses through leasing, equity participation, and cooperation enhances the value of homestead assets, increasing farmers' income and asset appreciation expectations [3] - The integration of ecological agriculture and tourism in Wujin District demonstrates the potential for increased income, with participating farmers earning between 13,000 to 26,000 yuan annually from dividends [3] Group 4: Rural Development and Infrastructure - The reform of the homestead system is a cornerstone for building beautiful villages and promoting the integration of urban and rural resources [4] - Initiatives in Liyang City focus on optimizing village layouts and improving infrastructure, which supports the development of local industries such as tea production and rural tourism, thereby attracting talent back to rural areas [4]