Chen Wensheng and others: steadily promote the reform of farmers' housing property rights

China's rural areas have undergone earth-shaking changes since the reform and opening up, but the dual structure of urban and rural areas has not fundamentally changed, and the trend of the widening development gap between urban and rural areas, especially the income gap, has not been fundamentally reversed. The third Plenary session of the 18th CPC Central Committee proposed to give farmers more property rights, protect farmers' usufruct of homestead, reform and improve the rural homestead system, cautiously and steadily promote the mortgage, guarantee and transfer of farmers' housing property rights, and explore ways for farmers to increase property income. This is of far-reaching strategic significance to speed up the process of rural reform, promote the transfer of rural property rights, invigorate the elements of farmers' assets, and form a long-term mechanism to increase farmers' income, so as to improve the system and mechanism of the integration of urban and rural development.

The reform of farmers' housing property rights is an objective requirement for giving full play to the decisive role of market allocation of resources.

Giving full play to the decisive role of the market mechanism in resource allocation is a clear requirement of the third Plenary session of the 18th CPC Central Committee, and more than 30 years of rural market-oriented reform also objectively requires farmers' housing property to enter the market for optimal allocation. Except for engaging in agricultural production and operation and going out to work to increase their income, Chinese farmers have almost no channels of property income. Farmers' housing property is the most important family property of farmers and the most valuable resource in rural areas. Promoting its market flow to maintain and increase its value can not only open up new channels for increasing farmers' income, but also open up new ways for farmers to expand production, increase input and provide credit assets. At the same time, the task of the transformation of Chinese traditional agriculture is arduous. Only by speeding up the release of the sleeping property right energy in rural areas and promoting the optimal allocation of rural resources, can we establish a property right system adapted to the development of modern agriculture and seize the opportunity of a new round of starting.

Five practical problems faced by the Reform

The law and policy are not clear. The current laws and policies do not clearly stipulate the transaction of property rights of farmers' housing, and farmers' housing can not circulate as freely as commercial housing. In particular, the current property law, guarantee law and other laws stipulate that homestead can not enter the market, which restricts the flow of farmers' housing property rights. Although the reform and exploration of rural house mortgage has been carried out in some places, there are no clear laws, regulations and policies on the flow of farmers' housing property rights.

The ownership of property right is not clear. Farmers' housing has only collective land use certificate but no house property certificate, which is still a sediment with no clear boundary of property rights. The so-called farmers' real estate is just an attachment to the collectively owned land, and the vague ownership of property rights provides an opportunity for the alienation of property rights, which is the root cause of the repeated infringement of farmers' land rights and interests. At the same time, the homestead usufruct of farmers' housing property rights can only be transferred within the village collective, and farmers' housing property rights have no support, which hinders the normal circulation and equal exchange of rural resources.

The property rights market is not mature. The property right market is an important condition for the circulation and exchange of property rights. Farmers' housing property rights market lags behind the needs of rural economic development, and so far has not formed a standardized rural housing property rights market. The immature property rights market leads to the lack of platform for the flow of farmers' housing property rights, which makes it difficult to realize the income of farmers' property rights, which has become a major bottleneck restricting the reform of farmers' housing property rights.

The evaluation system is not perfect. China has a vast territory and complex geography, which leads to great differences in the geographical location, natural conditions and cultural environment of rural housing, and its value determination is complex, which requires professional evaluation to enter the market. At present, there are almost no rural housing evaluation institutions in many places, and the relevant operating mechanisms and service systems are not perfect, resulting in the difficulty and high cost of evaluating farmers' housing property rights, which affects the flow of farmers' housing property rights.

The risk protection is not perfect. China is a large agricultural country, and housing is the main property of farmers. Under the condition that the rural social security system is not perfect, if a perfect risk protection mechanism for farmers' housing property transaction is not established as soon as possible, once the transaction risk occurs, it will seriously affect the survival and safety of farmers.

The main Countermeasures for steadily promoting the Reform of Farmers' Housing property Rights

Speed up local legislation to provide a legal basis for the mortgage, guarantee and transfer of farmers' housing property rights. On the basis of the property law, we should speed up the certification of farmers' housing property rights and provide property rights protection for farmers' housing property rights; in the light of local conditions, we should increase the process of abolishing, reforming, and establishing local laws and regulations, speed up the promulgation of local laws and regulations related to farmers' real estate mortgage, guarantee, and transfer, and solve the problem of disconnection among farmers' housing property rights, policies, and laws.

Give full play to financial guidance to innovate financial services for the mortgage, guarantee and transfer of farmers' housing property rights. Through the guidance of the government's fiscal policy, financial institutions are encouraged to innovate financial products, set up financial products that meet the needs of farmers for the mortgage and guarantee of farmers' housing property rights, and improve the quality of services; explore financial contributions at the city and county levels to establish trust-increasing funds, and cooperative banks specially carry out rural house mortgage loans on a scale of no less than a certain multiple of the balance of trust-increasing funds, and farmers obtain financing from homestead and housing mortgages.

Establish an evaluation system to reduce transaction costs for the mortgage, guarantee and transfer of farmers' housing property rights. Speed up the construction of evaluation institutions and encourage urban evaluation institutions to engage in farmers' housing evaluation business in rural areas; government finance provides public evaluation services in the form of purchasing services to guide evaluation institutions to reduce evaluation fees and improve service quality; we will increase the education and training of rural housing evaluation personnel and establish an evaluation team with high professional quality. At the same time, the evaluation should be simplified to reduce the transaction cost of farmers' housing property rights.

We will improve the security mechanism to guard against unexpected risks for the mortgage, guarantee and transfer of farmers' housing property rights. We will improve the social security system, establish and improve rural old-age insurance, medical insurance, minimum living security and social relief, promote the establishment of a multi-level social security system in urban and rural areas, and increase the construction of public rental housing and low-rent housing in urban and rural areas. enhance farmers' ability to cope with the risk of the flow of housing property rights. Establish a housing property rights reform wind insurance compensation fund for governments at or above the county level, and give financial institutions certain risk compensation if farmers' housing mortgages or guaranteed loans are overdue. Set up special insurance institutions to encourage farmers to take out insurance when housing mortgage, guarantee and transfer, and give certain compensation in the event of an accident, so as to reduce the risk of the flow of housing property rights. Commercial insurance institutions are encouraged to innovate insurance products and set up insurance business for farmers' housing property rights.

We will promote pilot demonstration and explore reform experience for the mortgage, guarantee and transfer of farmers' housing property rights. Starting from the pilot demonstration, we should cautiously and steadily promote the mortgage, guarantee and transfer of farmers' housing property rights, and explore that the government or collective economic organizations should make reference to the compensation standards for land expropriation and the compensation standards for housing expropriation on state-owned land, or according to the market evaluation price, to compensate the idle housing and homestead that farmers voluntarily withdraw. Adhere to the rural housing system, homestead system and other institutional red lines, to prevent individual places in the name of reform opportunistic behavior. At the same time, the establishment of reform risk assessment mechanism, for the reform beyond the current system and law, it is necessary to carry out scientific risk assessment to prevent the resulting institutional risks and social risks.