| In the context of the strategy of "strengthening agriculture is the prerequisite for a strong country,and only by strengthening agriculture can the country become strong",the development of agriculture relies on farmers,and rural development also relies on farmers.Farmers are the main body and source of strength in achieving the rural revitalization strategy.Therefore,the reform of the homestead system is an integral part of achieving the rural revitalization strategy.Since the 2018 Central Document No.1 explicitly proposed the reform of the "three rights separation" of rural homesteads,each year since then,the reform of homesteads in the Central Document No.1 has occupied a certain amount of space.Against the backdrop of such importance placed on the central level,the reform of the homestead system needs to answer questions such as whether the right to use can be transferred,how to transfer it,and the protection and supervision of farmers’ rights and interests after the transfer.However,the current lag in legislation on the transfer of the right to use homestead land and the imperfect related systems have led to a series of chaos in homestead land,which is the result of the mismatch between the old regulations and social development.The "separation of three rights" is the deconstruction and reshaping of the right to use the original homestead,by establishing qualification rights to inherit the protection attributes of farmers,and thereby allowing for the circulation of the right to use the homestead.This requires the improvement of the right to use homestead land as a usufructuary right,and the clarification of the scope,method,and period of transfer.Since the initial 15 pilot projects were selected nationwide in 2015,collective ownership has been strengthened to some extent,but the protection of qualification rights is not fully implemented,and the transfer of usage rights is still restricted.By analyzing the historical changes of the homestead system as a starting point,the value of homestead system in different periods is analyzed,and the deviation between the expected and actual transfer of homestead use rights is compared and analyzed.The inevitability of homestead system reform in social stability,optimizing resources,alleviating land tension,and promoting urbanrural integration development is concluded.By comparing the reform practices in pilot areas and evaluating their effectiveness in solving practical difficulties,it is concluded that the reform of the homestead system cannot be directly applied when promoted due to the imbalance in economic development in different regions.Instead,it should be targeted and promoted through gradient grading according to local conditions.At the legal level,reflect on the dilemma of the transfer of the right to use homestead land and propose a path selection based on the theories of "integration of housing and land","total ownership theory",and "income distribution",in order to try to clear the legal logic of the transfer of the right to use homestead land as a property right.Finally,based on the previous analysis and successful experience of pilot areas,targeted measures are proposed from two aspects: improving legislation and supporting mechanism construction,refining power allocation,clarifying acquisition standards and improving registration mechanisms,establishing evaluation and supervision mechanisms,and establishing diversified compensation and optimizing rights protection.To promote the reform of the homestead system and truly respond to the development of urban-rural integration in the new era and improve the social security of farmers in the new era. |
