Improve the ways to realize the usufruct of farmers' homestead

The decision on several Major issues of comprehensively deepening Reform adopted by the third Plenary session of the 18th CPC Central Committee proposes that farmers should be given more property rights, and the usufruct of farmers' homestead is an important part of it. With the process of industrialization, urbanization and reform and opening up, the rural homestead system has been seriously out of touch with the needs of economic development and farmers' development, and the lack of usufruct of farmers' homestead has also led to a large number of problems. in particular, it makes farmers unable to actively participate in and share the benefits of industrialization and urbanization with their own land rights, and it is difficult to realize their effective economic support for citizenization from land rights. It should be improved as soon as possible.

I. the imperfection of farmers' usufruct of homestead and the problems caused by it

1. The main body of rural homestead ownership is empty, and the power of land ownership is seriously violated by administrative power. Since 1962, the ownership and the right to the use of rural homestead have been separated. Although the law of our country clearly stipulates that the rural homestead is owned by the rural collective economic organization, and the members of the rural collective economic organization have the right to use the homestead, the collective economic organization as the main status is "village" or "group". In the actual operation is relatively vague. This unclear property right leads to the lack of a clear definition of the "responsibility, right and benefit" of the right to the use of rural residential land, which further makes it difficult for the owner to exercise the right of possession, use, income and disposition in accordance with the law, and the power of land ownership is weakened. Due to the empty position of the subject of rural land ownership, village cadres exercise the rights of some owners on their behalf, which leads to the serious intervention of administrative forces in the distribution of the right to the use of homestead. Due to the intervention of this administrative power, the distribution system lacks transparency, and some people with great power and high status can obtain more homestead use rights. This not only causes the unreasonable distribution of land resources, but also is not conducive to the harmony and stability of rural society.

two。 The usufruct of farmers' homestead is incomplete, and it is difficult for farmers to share the value-added income of homestead. In the property Law, farmers' right to the use of homestead is clearly defined as usufruct. The law clearly stipulates: "the usufruct has the right of possession, use and income to the immovable or movable property owned by others in accordance with the law." However, when it comes to the right to the use of homestead, it stipulates: "the holder of the right to the use of homestead has the right to possess and use the land owned by collectives in accordance with the law", but does not mention the right of income. The interpretation of the property Law only mentions that "the right to the use of homestead is a right with the nature of social welfare and is the foundation for farmers to settle down, and the right to the use of homestead is the welfare guarantee enjoyed by farmers based on their collective membership." It is considered that "the security function is still the primary function of the homestead use right system", and the income right and property right of farmers' homestead are not mentioned. It can be seen that the legal expression of homestead usufruct is vague and self-contradictory, there are congenital deficiencies, and policies and regulations are not followed up, so that farmers' homestead usufruct is often ignored and infringed. In the reform process of village arrangement, house land exchange and centralized housing in recent years, generally only farmers' houses are compensated, but the income rights of farmers' homestead and their houses are not considered. It is difficult for farmers to share the income from the sale and value-added of construction land saved by sorting out.

3. The planning and allocation system of rural homestead is unreasonable, and the problem of homestead waste is prominent. First of all, for a long time, due to the lack of reasonable planning for village construction in our country, some basically do not have any planning. At the same time, because the acquisition of the right to the use of rural homestead is a way of welfare distribution based on the identity of farmers, which is provided to farmers free and indefinitely, land users do not cherish the land, and it is easy to produce the phenomenon of overoccupation, overoccupation and idleness of homestead, resulting in a waste of land resources. In the process of use, there is a widespread understanding of the right to the use of homestead, that homestead is private property, even if they do not use it, others are not allowed to use it, even if idle, others have no right to ask. The owner of the homestead has the right to use it, but has no obligation to make reasonable use of it. In the process of the rapid development of industrialization and urbanization in China, with the historic migration of the rural population, 10% to 15% of the 200 million mu of rural homestead are idle. In the labor export areas, the problem of idle housing and homestead is more prominent.

4. The phenomenon of rural homestead transfer is common, and the policy of restricting the circulation is a mere formality. The state has strict restrictions on the circulation of homestead in law, but in practice, various forms of homestead circulation always exist, and farmers have stronger property rights requirements for homestead and houses. Homestead implicit transactions are very common in urban suburbs and developed areas, generally in the form of housing transfer, including housing leasing, housing sales, cooperative housing construction and so on. Among them, housing rental and housing sales these two forms are more common. It can be said that the circulation of homestead has a strong market foundation, and the policy of restricting circulation is not only a mere formality, but also makes it difficult to find out the use and circulation of homestead, and the related management of homestead is lack of real basis.

5. The "real estate relationship" is vague, which damages the basic market value of farmers' housing and limits the process of increasing farmers' income and citizenization. The real estate relationship refers to the relationship between farmers' house property rights and the right to the use of homestead in rural areas. The law of our country recognizes that farmers' houses are farmers' private property, and farmers have complete ownership of their houses, including the rights of possession, use, income and disposition of their houses. accordingly, there should be the right to buy and sell, lease, gift and mortgage. However, due to the housing property rights and homestead use rights are not well separated, resulting in farmers' housing property rights are not complete, and even lack of basic property rights registration and proof. In terms of the objective economic value of rural housing, farmers often invest a large part of their income in housing construction. Housing generally constitutes the form of farmers' main wealth and is the most important and valuable property of most farmers. Under the condition of market economy, the circulation of farmers' houses is directly related to whether farmers' property can be transformed into assets and then into capital, and increase in value in the flow, so as to realize the property income of farmers. In the process of urbanization and citizenization of farmers, farmers urgently need funds to solve their own problems such as buying houses and starting a business in cities and towns. Due to the contradiction between the disposability of farmers' houses and the non-transferability of homestead use rights, farmers' houses are actually very difficult to become property and can not provide effective economic support for settling in cities. The homestead system has been out of touch with economic development and should be reformed and perfected as soon as possible.