Examining the process of institutional change,the logic of the paid transfer of homestead land for urban settlers has shifted from a power logic characterized by"land rights for citizenship rights"to a governance logic characterized by"voluntary exit".Practice shows that under the governance logic of voluntary exit,the paid transfer system of homestead land,while highlighting the subject status of urban settlers and ensuring their"residence upon exit",fails to support the urbanization costs of these settlers through the property value of homestead land.On the one hand,in the context of strict national control over the increase of construction land,revitalizing idle homestead land has become an effective way to meet the induced demand for construction land in urban and rural economic development.On the other hand,with the continuous decrease of rural population,the increasing idle homestead land needs to find a"way out"for redevelopment and utilization,objectively promoting the conversion of idle homestead land for market transactions.Therefore,the logic of the paid transfer of homestead land for urban settlers should shift from governance logic to market logic.However,the marketization of paid transfer of homestead land faces challenges such as property rights transaction difficulties under limited rights,value realization difficulties in a limited market space,and livelihood security difficulties under the risk of"losing homestead".To overcome these challenges and smoothly achieve the logical transformation of the paid transfer of homestead land for urban settlers,the following three aspects can be optimized:1.Strengthening the legal status of the usufructuary right of homestead land through the"Separation of Three Rights":The Civil Code can further enhance the functions of the homestead land use right,better promoting the realization of the asset attributes of homestead land while considering its residential security function.The Land Management Law should reserve space for the market-oriented paid transfer of homestead land for urban settlers.On this basis,relevant laws and regulations should be revised to grant urban settlers the right to paid transfer of homestead land.2.Expanding the market space for paid transfer of homestead land by breaking identity,purpose,and space restrictions:This includes breaking the identity restriction that the transferee must be a member of the collective economic organization,allowing urban settlers to convert homestead land into collective operational construction land for market entry,and exploring the establishment of diversified paid transfer mechanisms such as land banks and homestead land quota trading.3.Ensuring the livelihood stability of urban settlers through a gradual marketization path:This involves providing more diversified choices based on the urban settlers'own development capabilities and ability to integrate into urban areas,and extending the process of transferring out homestead land over time.
维普
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