Research On The Distribution System Of Homestead Rights And Interests From The Perspective Of "Comprehensive Value"

With the rapid development of industrialization and urbanization,the property attribute of homestead is becoming stronger and stronger.How to distribute the rights and interests of homestead is a key issue that needs to be addressed in the reform of homestead system.For farmers,in addition to contracted land,homestead is the most important property of them.However,homestead has strong welfare color since its generation,its capital function has been suppressed for a long time,and it has become a "stillbirth".The pilot areas have made a lot of efforts and attempts to reform the homestead,but the practice of distribution varies from place to place.The "land ticket"model in Chongqing directly returns the related proceeds to the relevant rights holders;the"land coupon" model in Yiwu returns related proceeds indirectly to relevant rights holders;And the "reclamation voucher" model in Henan province directly returns part of the related proceeds to the relocated people,and another part indirectly returns the overflow part of the proceeds from class A reclamation voucher generated by investment and financial management to the relocated people.But in general,the current homestead rights and interests distribution system still has many problems,lacking systemic,precise and sustainable.The basic theory of land value has a strong guiding significance in practice.But with the rapid development of social economy,people have a deeper understanding of the value of land.Traditional related theories,such as land property rights theory,utility theory of value,and land rent theory,cannot fully cover the value of current land,to a certain extent,it may damage the rights and interests of farmers.Based on the theory of "land development rights" and the value theory of ecosystem services,we propose that the theory of "the comprehensive value of agricultural land resources" should be used as the basis for the distribution of homestead rights and interests.At present,there are many unfair and unreasonable points in the distribution of homestead rights and interests,mainly as follows:First,the distribution pattern is dominated by local governments,farmer collective are absent,farmer collective and farmers are in a weak position;Second,the current content of homestead rights and interests is incomplete,the rights of farmers are lacking,and the property income of farmers cannot be effectively increased;Third,the form of distribution is single,and there is a lack of social security compensation for land-lost farmers,failing to fully consider the future development of farmers;Fourth,the distribution ratio among the various main part is unbalanced,and the unfair distribution is serious;Fifth,because the relevant laws of the Land Administration Law and the Property Law are extremely simple for the regulation of distribution supervision,and lack of special supervision and regulation,resulting in weak distribution supervision,the rights of farmer collective and farmers are difficult to guarantee.Homestead rights and interests distribution is a complex legal technique.Under the guidance of the theory of"the comprehensive value of agricultural land resources",the value structure of the homestead and the ownership system are carefully combed from the perspective of law,which can truly realize the value of the homestead,enrich the content of the homestead rights and interests,and effectively increase the proceeds of the relevant rights holders.Specific to the distribution system:First,determine the distribution of participants and their boundaries,improve the farmer collective and farmers'right to speak in distribution,and ensure that farmers share the rights and interests of homesteads fairly;Second,according to the different values of the homestead,the scope of the distribution object of the rights and interests of the homestead is clearly defined,maintain the property proceeds of the farmers collective with ownership of homestead and farmers who have the right to use homesteads;Third,change the traditional method of distribution,no longer adopt a single form of money,and pay attention to the social security of land-losing farmers;Fourth,through empirical and data analysis,try to reasonably define the proportion of relevant income distribution among various objects,and balance the proceeds of the homestead between the government,the farmer collective and the farmers,increase the proportion of farmers,and let farmers share more homestead proceeds;Finally,supervision should be strengthened during the distribution of homesteads,so as to thereby maximizing the security of the distribution of homestead rights and interests,and protecting the legitimate rights and interests of farmers from damage.