The Existing Problems And Path Research Of Rural Residential Land Institution Reform In China

The existing problems of rural residential land system are intricate and complicated.The No.1 document of the central government in 2018 proposed to deepen the reform of rural residential land system,with the focus on invigorating idle homestead in rural areas and exploring the "separation of ownership,qualification and use right of homestead".To explore the reform path of rural residential land system,we should first clarify the internal logical relationship between the three powers,whether the new collective members have the right to equal access to rural residential land,and whether the pilot practice of solidifying the right to use rural residential land is appropriate? These problems have aroused wide controversy in the academic circle and pilot areas,and are also the most difficult problems to be solved urgently in the reform.Based on extensive study of existing literature and systematic review of relevant laws and regulations,this paper combines the theory of land property rights for in-depth analysis.In addition,two representative reform pilots were selected for in-depth investigation--Yiwu,Zhejiang province and Yujiang,Jiangxi province.I had a discussion with the land and resources department to understand the details of the reform pilots,communicated with villagers and village party secretary to discuss the pilot reform practices,and had an in-depth understanding of the real wishes of farmers through questionnaire survey.The research shows that :(1)For the vast majority of rural areas in China,the most essential function of rural residential land is still to ensure the basic living needs of farmers and realize the equal right of residence of collective members.The primary goal of the reform is to solve the contradiction of the difficult acquisition of homestead and idle waste.As for the transfer of rural residential land and the realization of property rights,it belongs to the second level.(2)Although the solutions to problems at different levels are different,the common breakthrough is to clearly define property rights.Under the land reform goal and separation,ownership,qualification,right of use of internal unity is the "collective",when the original members of the collective lost membership(e.g.,have settled in the city)and cause the rural residential land was idle,collective economic organizations shall have the right to demand the exit(fair compensation for the above-ground buildings),land use right this view in the pilot survey and questionnaires.(3)The reform of the paid use of rural residential land and the solidified use right of homestead is not yet available for most rural areas.Questionnaire analysis shows that more than 90% of farmers do not agree with the use of solidified rural residential land;(4)Strictly implement the standards of per capita area,per household area and floor area(floor number)of rural residential land,which is the objective requirement for the equality of property rights of collective members and economical and intensive land use,and also the basic premise for the market transaction(circulation)of rural residential land.Therefore,suggestions are made as follows:(1)To construct the rural residential land acquisition system with "people as units and households as restrictions",return to the legal and fair starting point,and truly implement the equality of collective members' right of residence;(2)Actively guide the withdrawal of idle homestead and establish a recovery mechanism,and promise that rural residential land can be reacquired once returning to farming,so as to avoid worries at home;(3)Prudently promote the reform of rural residential land transfer system.Only the rural residential land legally acquired,which meets the legal area standard and obtains the "real estate right certificate" can be traded in the market;(4)Improve the rural residential land management system.We will achieve overall urban and rural planning,optimize the use of land resources and the proper distribution of villages,prevent excessive construction and inefficient use,give full play to the role of villagers' autonomous organizations,and give farmers more choices.Accelerate the confirmation and registration of rural residential land.