Research on the Reform of"Separation of Three Rights"for Rural Homesteads in Juancheng County,Shandong Province

In order to realize rural revitalization in an all-round way and promote the sustainable and healthy development of the economy and society,China is committed to deepening the pace of building a new countryside with Chinese characteristics.The reform of the"Separation of Three Rights"of rural homesteads is a key measure,which aims to activate rural resources,enhance the vitality of rural economic development,and then promote the overall process of rural revitalization.This study selects Juancheng County,Heze City,Shandong Province as a typical case.Through an in-depth analysis of the relevant policy orientation of the national homestead reform and the specific practice of local promotion work,it systematically sorts out the registration of homestead rights,transfer of use rights and relevant policy measures adopted in paid use,qualification conversion,policy publicity and system establishment.After in-depth research on the system reform practice of the"Separation of Three Rights"of homesteads in Juancheng County,this paper reveals the main problems existing in the current reform,including the lack of clear policy support for the mechanism of paid use of homesteads,difficulties in the process of identifying qualification rights and challenges,the imperfection of the transfer mechanism of use rights,and the lack or lag of relevant policies.A series of problem-oriented policy suggestions are put forward,including establishing and improving the system of paid use of rural homesteads,improving the income distribution mechanism,promoting the innovation of the mortgage guarantee system for the right to use homesteads,and optimizing the homestead qualification certification procedures.These suggestions aim to provide a useful reference for the Juancheng County Government in promoting the reform of"Separation of Three Rights"of homesteads,and then promote the rational allocation and efficient utilization of rural homestead resources.

Withdrawal Intention of Farmers from Vacant Rural Homesteads and Its Influencing Mechanism in Northeast China: A Case Study of Jilin Province

The effective use of land in Northeast China is of great significance for ensuring national food security and regional rural revitalization.In this study,based on the survey data collected from Jilin Province,Northeast China,we analyzed the vacancy rates of rural homesteads in suburban,outer suburban,and remote villages,as well as the withdrawal intention of rural-settled farmers,urbansettled farmers,and farmers with urban and rural dual residency from vacant homesteads.From the perspective of farmers’perceptions,this study constructed a theoretical framework of the influence mechanism of their withdrawal intention and analyzed such mechanism by constructing a structural equation model.The results indicated that:1)rural homestead vacancy rates increased with distance from the village to the city.2)rural-settled farmers showed a low withdrawal intention for vacant rural homesteads,followed by urban and rural dual-residence farmers,and urban-settled farmers showed the highest withdrawal intention.3)the relative importance of the factors influencing withdrawal intention is in the following order:policy awareness>interest perception>living environment perception>family characteristics.Finally,this study discussed the reformation of the homestead system and rural homestead transition in Northeast China,which can provide policy support to increase the potential of cultivated land and promote sustainable rural development and urban-rural coordination.

Analysis on Influential Factors of Peasants' Willingness to Exit Homestead in Regions with Different Economy Development Levels——Taihe Village,Chaohu County-Level City,and Ancang Village,Taihu County as Examples

The research concluded peasants＇ willingness on homestead exiting and influential factors by questionnaire survey and interviewing in two villages with varied levels of economic development in Anhui Province.Comparisons were performed on subjective factors and objective factors were explored by Logistic regression.The results showed that both of education background and homestead use have positive correlation with peasants＇ willingness on homestead exit;the number of family members has negative effects on peasants in advanced village but the number of migrant workers or members living in cities has positive effects;the area of homestead has positive effects on peasants in underdeveloped village.Therefore,the emphasis should be varied on homestead exit upon village economy and it is necessary to reinforce homestead exit promotion at improving immigrants＇ reception work,social security,employment,and education.

Economic dependence of rural people on homestead forestry in Mymensingh, Bangladesh

Homestead forests contribute substantially to the rural econ- omy of Bangladesh. Rural people depend on trees and plants for their energy usage, housing, food and other forms of subsistence livelihood. In order to identify the potential role of forests on homestead dwellers, an empirical field investigation was conducted in the four Upazilas of My- mensingh district of Bangladesh. It was found that land holdings of the respondents within the four sites are the highest in Mymensingh. The study made an important observation that among all homestead vegeta- tion between 5-6 years old, tree species are generally preferred over plants. This is perhaps due to the efforts of the social forestry extension service to demonstrate that planting trees is an important long-term in- vestment. In all four Upazilas, there was a significant correlation between household annual income and homestead forestry, agriculture and fisher- ies practice, suggesting that higher income families tend to have larger holdings of homesteads, farms and pond areas. Three Upazilas displayed a strong positive relationship （nearly 45%） between homestead forest areas and annual family income; however, the Fulbaria Upazila showed a very poor relationship （0.2%） in this regard. The results of this study suggest that homestead forests play a positive role in the rural economy, in addition to helping mitigate the increasing problem of deforestation in Bangladesh.

A Probe into Reform of Rural Homestead Acquisition System

Using the methods of literature research,normative analysis,and empirical analysis,this study is intended to analyze the acquisition system of homestead in rural area of China.By adopting questionnaire survey and face-to-face interview,this study explores the problems of current homestead acquisition system and the dilemma of homestead management.The results indicate that homestead acquisition reform is the key aspect to the homestead management system reform.A new homestead acquisition system,which includes primitive acquisition,inheritance acquisition,and supporting system,is suggested in this study.The findings of this study will provide important policy implications for rural homestead system reform.The new homestead acquisition system could guarantee the farmers'property right and help improve social justice and rational utilization of nature resources.

Ecological and economical significance of homestead forest to the household of the offshore island in Bangladesh

An explanatory survey was conducted to assess the contribution of plant diversity to the ecological and socio-economic condition of the rural household in the offshore island of Bangladesh. Assessment was done by means of multistage random sampling. The homestead sizes of the study area were classified into 3 groups viz, large （〉0.25 ha）, medium （0.05-0.25 ha） and small （〈0.05 ha） based on the result obtained from a preliminary survey, and a total of 45 homesteads, 15 from each group, were selected randomly for the study. The average annual income from homestead＇s plant diversity varied from Tk 5730.00 （US$95.5） to Tk 17500.00 （US$291.67）. The rural people were mainly dependent on their homegarden for woodfuel and nutritional requirement as forest was unavailable in the island. The rural people here also cultivated the plant species as a safety measure from frequent cyclone. Constraints hindering the development of homestead plantation were identified and suggestions were given such as the adequate supply of seedlings of fast growing native species and conservation of endangered species to meet the demand of the household as well as to keep ecological balance.

Development and Utilization of Rural Idle Homesteads in the Context of Rural Revitalization——A Case Study of Leisure Agriculture

The existence of a large number of idle homesteads in rural areas not only causes waste of land resources,but also injures farmers' property rights and hinders the implementation of rural revitalization strategy. The emergence and vigorous development of rural leisure agriculture provides a new way of utilization and method for the development and utilization of rural homesteads. From the perspective of leisure agriculture,this paper analyzed the characteristics,advantages and disadvantages of the overall development model of rural idle homestead,farmstay model and characteristic industry development model,and discussed the actual case to enrich the research on the development and utilization of idle homestead. It pointed out that there are problems such as insufficient tourism resources and single management content,lack of legal basis for revitalizing the homestead,lagging reform of rural land property rights system,and difficulty in expanding the space for leisure tourism development in the process of developing rural idle homestead. It is recommended to provide reference for the effective improvement of the efficiency of idle homestead utilization,increase farmers' income,and promote the rural revitalization strategy.

Study on Construction of Database for Confirmation of Rural Homestead Right

Confirmation of homestead right is helpful for planning of rural construction land and comprehensive development of new socialist countryside construction. At present,China is carrying out confirmation of rural homestead right on a large scale. Theoretical analysis on construction of database for confirmation of rural homestead right is of great significance for promoting confirmation of rural homestead right. Using the Mapgis urban cadastral management system database,this paper studied the process of creating database for conformation of rural homestead right,and came up with recommendations for update and maintenance of the database.

Study on Proper Use of Rural Homestead in Anhui Province

On the basis of analyzing current situations and problems in conserving and intensive use of rural homestead in Anhui Province,this paper came up with corresponding countermeasures and recommendations,to provide certain reference for promoting proper use of rural homestead,realize sustainable use of land,and promoting beautiful countryside construction of Anhui Province.

Practice and Thinking of Rural Homestead System Reform in Anhui Province

Rural homestead system reform is an important manner of saving and intensive use of rural land in Anhui Province and an important means of impelling new urbanization development in Anhui Province. In the analysis process of urbanization development status quo and trend in Anhui Province,combining the characteristics and existing problems of rural homestead system reform,implementation schedule and experience of rural homestead system reform in Anhui Province are summarized,and the influence factors of rural homestead system reform in Anhui Province are pointed out. By constructing five mechanisms: planning,withdrawing,transfer,management platform and public participation,it could provide the thought and direction for rural homestead system reform in Anhui Province.

Farmers'Willingness to Withdraw from Rural Homesteads

In order to grasp the relationship between farmers'willingness and behavior to withdraw from rural homesteads,based on the theory of planned behavior,a survey was conducted in Jizhou District,Tianjin using convenience sampling method.A total of 443 valid questionnaires were collected and they were analyzed by SPSS.The results are as follows.(i)The willingness of farmers to withdraw from rural homesteads is affected by pre-cognitive factors such as behavioral attitude,subject norm and perceived behavior control.(ii)Among the benefits that can be brought by the withdrawal of homesteads,farmers value the improvement of the housing environment the most.(iii)Family members'view and relatives and neighbors'withdrawing from homesteads also exerts greater pressure on farmers.(iv)Farmers generally lack trust in the village committees or government departments'claims.(v)The cost of relocation also restricts the perceived behavior control of farmers'homesteads withdrawing.Based on above result,the following suggestions are made:strengthening policy publicity,raising farmers'awareness of policies related to the withdrawal of homesteads,fully respecting farmers'wishes,promoting the withdrawal of rural homesteads in an orderly manner,expanding the scope of compensation for withdrawal of rural homesteads,and enriching compensation methods.

ARTICLE Research on the Leading Value Drive of Rural Homestead Transfer under Rural Revitalization--Based on the Evidences of China

With the development of urban-rural integration in China,the functional value of homestead bases has evolved from a single residential security value to a multiple composite values,and the property income of homestead bases has gradually become the value driver of transfer and the intrinsic demand of farm households.This paper takes Baitafan of Jinzhai County,Chongqing City,and Xiaofang Yu Village of Ji County as examples for in-depth discussion,and finds that the dominant value drivers of home base transfer mainly include three kinds:capitalization income,commercialization income,and non-farm employment income.The study concludes that it is important to give full play to the resource endowment effect and identify the dominant value of home base transfer according to local conditions to promote the standardized home base transfer and implement the rural revitalization strategy.

农户社会资本与宅基地退出意愿——基于政府规制的调节效应分析

基于江西省余江区545份农户调研数据,采用二元Logit模型进行实证检验,探究社会资本对农户宅基地退出意愿的影响机理。结果表明:社会资本、社会网络、社会规范、社会参与、社会信任、社会声望等均显著提高农户宅基地退出意愿,受教育程度、政治面貌、非农收入比例、家庭人口数量均显著影响农户宅基地退出意愿;异质性分析发现,近郊型村庄和远郊型村庄促进农户的宅基地退出意愿,而边远型村庄显著抑制农户宅基地退出意愿,平原、山地、丘陵地形均对农户宅基地退出意愿产生正向影响,丘陵地形作用最为显著;政府规制中激励型政府规制和约束型政府规制均在社会资本与农户宅基地退出意愿过程中发挥正向调节作用。基于此,建议积极培育社会资本,充分利用农户社会网络加大政府规制政策的宣传力度,制定差异化的退出政策,多措并举共同提升农户宅基地退出意愿。

农村宅基地制度改革的现实需求、主要困境与应对策略

基于江西省农村宅基地制度改革实践经验,采用演绎归纳法分析农村宅基地制度改革的现实需求和面临的主要困境,并提出应对策略,为稳慎推进农村宅基地制度改革、促进乡村振兴提供实践参考。结果表明:1)农村宅基地制度改革有助于策应“三产融合”发展用地保障、农村人居环境改善、新时代文明乡风建设、农村社会治理提升等多维现实需求。2)改革面临村庄差异难以形成可推广的统一模式,村集体自组织能力偏弱使得改革内生动力形成难,政策稳定性不足导致宅基地历史问题处置难,退出宅基地再次利用优势不足使得闲置宅基地盘活难等现实困境。据此,深化农村宅基地制度改革,应坚持需求导向、系统思维、农民主体地位,以及先立后破的原则,对待历史遗留问题保持历史耐心,充分发挥村民的主人翁精神,把农村宅基地制度改革与乡村振兴战略融合,因村施策精准推进。

宅基地“三权分置”助力乡村振兴的作用方向与机制完善——基于三个改革试点典型实践的对比分析

宅基地“三权分置”是农村宅基地制度改革的重要内容,是乡村振兴的重要抓手。宅基地“三权分置”助力乡村振兴具有特定的作用方向,理论上可通过加速农村产业发展、提升农村居住环境、促进城乡文化交流、优化乡村治理结构、增加农民财产收入等途径发挥推动作用,实践上改革试点地区已探索出诸多特色路径模式。基于对上海松江区、安徽金寨县、广西北流市三地典型实践的对比分析发现,宅基地“三权分置”助力乡村振兴既与制度初衷和目标追求精准匹配,也存在作用发挥不充分的离散困境。为此,建议从联动设计相关配套政策、建立分级联动工作机制、相关职能部门协助好服务保障、搞好宣传咨询与跟进引导服务等方面完善相关机制,从而更好地提升宅基地“三权分置”助力乡村振兴的作用效果。

宅基地使用权依托农房转让的制度沿革、司法裁判与实践创新

宅基地使用权依托农房转让的制度沿革经历了从允许到限制的转变,体现了政府政策的强制驱动和利益诱导的结合。宅基地使用权依托农房转让的司法裁判具有明显的被动性,农户在集体经济组织外部转让农房时,法院一般会认定该转让合同无效,但司法政策又为宅基地改革预留了政策空间,体现了原则性与灵活性的统一。在宅基地使用权依托农房转让的实践创新中,国家并没有直接废除宅基地使用权依托农房限制转让的既有路径,径行允许转让,而是秉持审慎原则,独辟蹊径。试点地区宅基地使用权依托农房转让下受让人范围拓展,与集体经营性建设用地入市衔接,与宅基地资格权退出耦合及与宅基地入股、合作打通,均体现了对宅基地使用权权能受限的克服。

价值均衡视角下宅基地使用权继承纠纷的裁判规则构建

现阶段宅基地使用权继承纠纷解决存在司法处理态度不一、缺少统一立法规范的实践困境。根本原因在于宅基地使用权兼具身份价值和财产价值,而现有纠纷处理模式不能达成两种价值取向的均衡。鉴于此,建议适用“身份资格—房地关系”双重标准的限制继承规则作为司法裁判指引,同时明确“三权分置”背景下宅基地使用权的成员权内涵,以填补双重标准裁判规则的理论漏洞,消解新规则的内在矛盾。

我国农村宅基地使用权退出法律机制研究

宅基地使用权退出在农村宅基地制度中扮演着重要角色,对于统筹城乡发展、保障农民财产权及加强宅基地的财产属性具有重要作用。在改革试点工作中,J省Y区成效显著,但也反映出农村宅基地使用权退出机制面临立法不健全、资金压力大、缺乏退出后长效保障机制等实践困境。构建农村宅基地使用权退出机制,是我国农村宅基地改革的关键点,也是农村宅基地改革的堵点与痛点。对此,应当从完善立法、拓宽资金来源、加强社会保障等方面入手,探索完善农村宅基地使用权退出机制的可行路径。

“三权分置”视角下宅基地使用权 放活的运行机制研究 ——基于试点地区的多案例分析

以35个宅基地使用权放活试点地区案例为基础,运用扎根理论构建“三权分置”视角下宅基地使用权放活运行机制的理论框架,从而探究试点地区宅基地使用权放活的内在逻辑,进一步推动“三权分置”下的宅基地使用权制度改革。研究表明,“三权分置”视角下宅基地使用权放活运行机制由运行目标、运行环境、制度安排、运行主体、运行路径五大主范畴构成,各个主范畴之间互相影响,共同推动宅基地使用权放活。具体而言,运行目标指明宅基地使用权放活的方向;运行环境为宅基地使用权放活提供经济、组织、区位等现实依托;制度安排通过加强规范约束,引导运行主体,规范运行路径;运行主体基于自身利益最大化的内生驱动,选择不同运行路径,推动运行机制在不同主体间联动运转;运行路径为宅基地使用权放活拓宽实现路径。为推动宅基地使用权放活,政府应充分界定宅基地使用权,加快推进宅基地“确权到户、确地到人”;注重因地制宜,多元化宅基地使用权放活路径;充分考虑主体诉求,制定宅基地流转的利益分配机制。

基于开发权的宅基地用途管制体系建构

“三权分置”是显化宅基地财产价值的重大制度改革。本文从开发权的视角,厘清宅基地开发权的法理依据,并在分析我国宅基地用途管制发展历程的基础上,发现其管制模式存在以下问题:一是标准化的宅基地开发权初始配置尚未建立;二是宅基地开发权的管制规则亟待优化;三是宅基地开发权市场尚未建立;四是宅基地开发权转移制度尚未形成。由此提出了以构建标准化的宅基地开发权初始配置、制定适度的宅基地用途管制规则、建立宅基地开发权市场、建构宅基地开发权转移体系为核心的宅基地用途管制体系。