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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
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
□ 冯淑怡于亿亿 三是以宅基地盘活利用促进城乡要素双向流动。通过出租、入股、合作等方式盘活利用闲置农房,有助 于唤醒农村沉睡的宅基地资产,提升农民财产性收入和资产增值预期,强化宅基地综合利用效率。此 外,拓展宅基地休闲康养、生产支持、服务经营等多元化功能,引导人口回流乡村和社会资本下乡,推 动县域"人—地—钱"等城乡要素双向流动与整合重组。武进区新康村农户以占地面积共计500平方米的9 间房屋入股,与村集体经济组织共同投资、打造生态农业与农耕体验、党建文化相融合的农旅田园综合 体。闲置农房盘活利用增加了农业产业附加值和农民财产性收入,参股农户每年可获得1.3万—2.6万元 不等的分红。 四是以乡村建设促进城乡共同繁荣发展。宅基地制度改革是建设美丽乡村的重要基石,也是城乡资源整 合、功能互补、融合发展的落地抓手。"宅基地改革+乡村建设"的聚集效应有助于整治乡村人居环境, 优化乡村基础设施建设,推动教育、医疗、养老等公共服务均等化,促进乡村产业发展和人口合理流 动,不断为县域城乡共同繁荣发展"添砖加瓦"。溧阳市在引导农民自愿退出、出租、入股宅基地的基础 上,通过零星建设用地整理和统规新建住房,推动村庄布局优化,完 ...