Research On Intergenerational Inheritance System Of Homestead Since The Reform And Opening Up

The intergenerational inheritance system of homestead land is closely related to the national work of "agriculture,rural areas and farmers",rural revitalization strategy,rural grass-roots governance and reform,and has great research significance.At present,there is a lack of research on the institutional dilemma of the intergenerational inheritance system of homestead as well as the trend and direction of its reform.By sorting out the four historical stages of the evolution of intergenerational inheritance system of homestead,this paper tries to answer the following questions: the characteristics of intergenerational inheritance system of homestead in different stages and the reasons for its emergence? What kind of institutional dilemma does the intergenerational inheritance system of homestead land fall into at present? What are the reasons for the institutional dilemma? How to break through the institutional dilemma and improve the intergenerational inheritance system of homestead?Historical institutionalism holds that in the historical process,under the influence of actors’ concepts and ideologies,institutional change will form path-dependent characteristics,which will react on institutional construction and eventually form the thrust or resistance of institutional change.In the early days of the founding of the People’s Republic of China,the country allowed farmers to inherit rural homesteads from generation to generation in order to repay the peasants’ outstanding contributions during the revolutionary period and to gain their recognition and support for the new regime.Since then,although the intergenerational inheritance system of homestead has been constantly changing,the institutional purpose of guaranteeing farmers’ free use of homestead has remained unchanged,forming an obvious path-dependent feature.After the reform and opening up,in order to promote the development of rural economy and under the influence of the concept of farmers’ ancestral property,the state explored the "separation of rights" mode of homestead and gradually opened up the transfer of homestead.However,in order to control the scale of homestead and protect the rights and interests of farmers,farmers’ intergenerational inheritance of homestead is still limited by the qualifications and the existence of houses.At present,the intergenerational inheritance system reform of homestead land is still in the explorative period,and it is inevitable that there will be some problems.Firstly,it is difficult to balance the institutional purpose of guaranteeing residence and promoting circulation.Secondly,the independent qualification right restricts the circulation of the right to use.Thirdly,due to the unequal status of members and consanguinity,there are obvious differences in the ways of inheriting homesteads between urban and rural children.Fourth,there are practical differences in the intergenerational inheritance of homestead in different regions and in the forms of intergenerational inheritance of homestead.The reasons for the intergenerational inheritance of homestead land falling into the institutional dilemma are very complicated.From the perspective of political reasons,due to the existence of the urban-rural dual system,the change of household registration affects the change of membership status,thus affecting the eligibility of farmers to inherit the homestead between generations.From the perspective of economic reasons,in order to better build the new countryside,encouraging urban residents to return to the village to inherit the homestead between generations will certainly damage the residential rights and interests of farmers in their own village.From the perspective of social and cultural reasons,under the influence of the concept of ancestral property for thousands of years,farmers have placed deep feelings on the homestead,which makes the social practice of intergenerational inheritance of homestead always exist regardless of the institutional changes.The institutional dilemma must be broken by the power of institutional change.The transformation of intergenerational inheritance system of homestead must balance the functions of intergenerational inheritance system of homestead.First,it must maintain the political function of guaranteeing housing.The second is to give play to the economic function of the transformation of land elements to capital elements;Third,strengthen the social and cultural functions of maintaining emotions and inheriting families.The reform of intergenerational homestead inheritance system must integrate the value goal of intergenerational homestead inheritance system,which should not only protect individual rights and maintain social order,but also promote social equity and maintain social stability,strengthen rural governance and promote the construction of new urbanization.Under the guidance of functional value,the intergenerational inheritance system reform of homestead adjusts the relationship between "man and land" from the actual situation,stimulates the vitality of the subject through flexible interpretation of the connotation of qualification right,and finally promotes the reuse of homestead under the guidance of the state and the encouragement of the society.