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Expanding the Openness of Property Right Structure of Rural Homestead in an Orderly Way(Special Issue, No.17, 2019)


By Ye Xingqing, Research Team on “The Institutional Framework and Policy System of Urban-Rural Integration Development”, Research Department of Rural Economy, DRC

Research Report, Special Issue, No.17, 2019 (Total 1645) 2019-3-6

Abstract: Although the separation of two rights (the right to use and the right to transfer) in rural homestead had been approved nearly 20 years earlier than those in agricultural farmland, the process of expanding the property right structure of rural homestead is more difficult and tortuous. Viewing from the perspective of the right to use, the access channels of non-members of the collective were relaxed at first but then tightened. From the perspective of the right to transfer, non-members of the collective are excluded from the transferee in most cases. In order to meet the general trend of two-way flow of urban and rural population and guarantee the residential needs of migrants, we need to expand the openness of the property right structure of rural homestead in an orderly manner. The collective ownership of homestead can be transferred among different subjects of collective ownership by means of replacement, and the homestead members’ right of use can only be transferred within the collective, but pilot reforms are needed to create conditions for the liberalization of the right of use of homestead. The right of circulation use of homestead can be expanded through a variety of ways. It is necessary to clarify the definition of members of rural collective economic organizations as soon as possible, accelerate the registration and certification of the right to homestead and farm houses, and promote the establishment, reform, abolition, or interpretation of relevant laws.

Key words: homestead, property right structure, separation of three rights