How to place the right of farmers to go to the city?

No matter how the law is resolved, I am afraid that some basic principles and ideas cannot be changed, that is, to give fair and reasonable compensation to farmers, to ensure that farmers share the fruits of development, and not to reduce the cost of urbanization at the expense of farmers' interests.

Due to the rising gold content of rural hukou, there is a phenomenon of "anti-urbanization" in some places. the reporter investigated in Anhui, Sichuan, Hubei and other places and found that most pilot small and medium-sized cities have fully liberalized farmers to settle in cities, but before the "zero threshold", farmers' willingness to settle down is generally not high. In 2015, there were only more than 200 farmers in counties, and a considerable number of farmers were willing to buy houses, work, and live in cities, but chose to leave their hukou in the countryside.

In 2014, the State Council issued the "opinions on further promoting the Reform of the Household Registration system", which was praised as an "ice-breaking move" by the media at that time, and the dual household registration system in urban and rural areas, which had lasted for more than 60 years in China, was broken. The opinion clearly points out that the restrictions on settlement in established towns and small cities should be fully liberalized, and as long as they have legal and stable accommodation, even if they are rented, they can also apply for permanent residence registration according to their wishes.

Many people think that after the introduction of this policy, it will promote the rapid development of urbanization and trigger a blowout of urban hukou registration, but in fact this is far from the case. The reason is very simple, people are rational people, people's choices are also rational choices.

First of all, the gold content of urban hukou is not the same. The hukou content of a mega-city such as Beijing, Shanghai, Guangzhou and Shenzhen is very different from that of an ordinary county and town, whether it is welfare security or the convenience of life. The conditions for settling in Beijing, Guangzhou and Shenzhen are much harsher than those in ordinary small and medium-sized cities, and for many migrant workers, such conditions are almost impossible to achieve. Therefore, after the reform of the household registration system, it is easy for a rural person to have an urban hukou, but it is difficult to have a hukou that he really yearns for in the city. In other words, after the liberalization of the household registration system, the problems represented by household registration have not been completely solved.

Secondly, there is little difference in gold content between ordinary urban hukou and rural hukou. As the Xinhua News Agency found in the survey, among the 12 rights and interests related to hukou, there are basically no policy differences between urban and rural areas, such as employment, old-age insurance, education, basic public health services and public cultural services. Land rights and interests, direct grain subsidies, returning farmland to forests, rural five guarantees and poverty alleviation are unique to rural hukou. Only the standard of minimum living allowance in cities is 40 yuan higher than that in rural areas, and public rental housing and low-rent housing are unique to urban hukou. From this point of view, whether to transfer hukou or not is of little significance to many rural people.

Compared with urban hukou, rural hukou has another important expectable benefit for farmers, that is, we often talk about the "three major rights" of farmers, that is, the right to land contract, the right to the use of homestead, and the right to distribute collective income. These three rights are the three pillars of farmers' property rights. In other words, farmers can obtain expectable property income through these "three rights". Whether the so-called urbanization is fair and reasonable to farmers depends on how we treat these three major rights of farmers. In some places, in the process of urbanization, the "three rights" of farmers have been transformed into a set of urban housing, which is obviously unreasonable, and farmers are still facing the plight of survival after entering the city.

In the investigation, Xinhua News Agency reporter found that there is a phenomenon of "anti-urbanization" in some places, farmers in some places are unwilling to give up their rural hukou, and even many people are eager to return to rural hukou, the reason lies in people's expectation of "three rights". But here we can only use the word expectation, because there are many uncertain factors in the process of transforming farmers'"three rights" into property rights. The law of our country does not make clear stipulation on how to transform farmers'"three rights" into property rights, and all localities have only made some policy arrangements according to the actual situation of various localities. Take the rural areas of Beijing that the author knows as an example, some villages strictly restrict the transfer of hukou, which is even stricter than that in Beijing, because as long as they are transferred to the village, the village will divide the homestead, and the realization of these homestead use rights is considerable.

If farmers'"three rights" are to be transformed into individual property rights in the real sense, there is a "stem" that must be solved, that is, collective ownership. Collective ownership is a unique ownership between public ownership and private ownership left over from the history of our country, which is neither public nor private. In the market economy, this ownership appears to be somewhat different, whether it is public or private, it is not completely reasonable, so this problem needs to be solved by relevant legislation, especially in the revision of the land management law of our country. to answer this question seriously.

However, no matter how the law is resolved, I am afraid that some basic principles and ideas cannot be changed, that is, to give fair and reasonable compensation to farmers, to ensure that farmers share the fruits of development, and not to reduce the cost of urbanization at the expense of farmers' interests.