The Implementation Effect and Top-level Design of the Reform of the Homestead System——Observations and Reflections Based on the New Round of Pilot Reform of the Homestead System
The legal structure of the right to the use of homestead reflects the basic idea of land-use control,which can only be applied to residential construction.The change of this use which had been brought about by the limited marketization of homestead has deviated from the purpose of establishing the right to the use of homestead.This problem was intended to be solved through the paid-use homestead system in the pilot reform.Collective economic organizations,as homestead owners,participated in the distribution of value-added income of homestead.The right to the use of homestead should be converted to the right to the use of collective construction land as the nature of the land concerned.The main policy tool for the new round of reform of homestead system is the"separation of the three rights"of homestead,in which the right to the use of homestead maintains the identity attributes and can only be obtained and retained by the farmers of the collective economic organization concerned.The inheritors who are not members of the collective economic organization concerned can only inherit the ownership of the houses,but cannot inherit the right to the use of the homestead land.However,they can obtain the right to the use of the collective construction land,but this right is limited to a maximum period of 70 years,and the inheritors are still required to pay the relevant fees.
reform of the homestead system"separation of the three rights"of homesteadland-use controlinheritance of the right to the use of homestead
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