An Empirical Study On The Reform Of The Homestead Use Rights System

The current accelerated urbanization process has led to the intensification of the idle and inefficient use of residential bases as well as agricultural houses.As a precious land resource,the house base is undoubtedly backward from the perspective of modern society if it only satisfies the security function.The study starts from the general attributes of the right to use residential bases and elaborates the value of the existence of the right to use residential bases.At present,the dilemma of the residential land use right system in both legislation and practice has compelled the state to explore the reform of the residential land use right system.a pilot project was launched in 33 counties nationwide in 2005,and a new round of pilot projects was launched in 104 counties in 2020.The central government has identified two paths of reform through documents:first,the 2018 Central Document No.1 proposed to explore the "three rights of separation" of the right to use residential bases,with the reform focusing on revitalizing vacant residential bases and clarifying the logical premise and value of the "three rights of separation".Second,in 2015,the General Office of the CPC Central Committee and the General Office of the State Council jointly issued the Opinions on Rural Land Acquisition,Collective Management Construction Land in the Market,and the Pilot Reform of the Residential Base System,which proposed to explore the voluntary withdrawal of residential bases according to certain compensation standards under the premise of guaranteeing farmers’ residence.After clarifying the reform path,several pilot areas were selected for study to find out the reform measures and effectiveness,and to summarize the useful experiences and lessons learned in the pilot practice.Finally,in response to the problems found in the reform pilot,specific suggestions are made to improve the reform of the residential land use right system:First,improve the system of acquiring the right to use residential base application.Dynamically adjust the qualification right,simplify the approval process,and delegate the approval right.Specify the area per capita,the number of layers,land use standards,etc.Second,adopt a variety of models to raise funds for the replacement of residential bases.Promote the entry of collective business construction land into the market,expand the scope of the increase/decrease pegging policy transactions,and establish a two-way conversion mechanism for residential bases and collective business land.Adopt the method of non-major demolition and construction,and use the funds reasonably.Third,resolve the remaining problems by confirming and registering rights.For over-occupied and illegal land,resolutely do not apply for confirmation and registration.Fourth,prudent promotion of residential base mortgage guarantee,residential base mortgage guarantee has no room for realization.Fifth,improve the social security of farmers who have withdrawn from the residential bases.