What is the right of homestead qualification?

The "qualification right" of homestead is a right based on the membership of rural collective economic organizations, which is usually not available to people in other villages and cities. The function of this right is that it is the guarantee and "delivery certificate" for villagers to obtain the right to use homestead according to law. Relying on it, we can put forward the income corresponding to the right to use the homestead. The new regulations are clear, and it is necessary to explore the "separation of powers", implement the collective ownership of homesteads, protect farmers' homestead qualification rights and farmers' property rights, and appropriately liberalize the circulation of homesteads and farmers' housing use rights. The right of homestead qualification is not lost due to the transfer of homestead use right.

Persons who meet one of the following conditions shall enjoy the qualification right of rural homestead:

(a) since the implementation of the household contract responsibility system, enjoy the right to land contractual management, belong to agricultural registered permanent residence, and have a household registration, production and life in the village;

(two) belongs to the city of agricultural registered permanent residence, due to legal marriage, adoption into the village;

(three) belong to the city of agricultural registered permanent residence, in accordance with the national immigration policy to move into the village;

(four) other personnel who meet the requirements of laws and regulations and enjoy the qualification rights of homestead.

In addition, members of the collective economic organizations in the village of agricultural hukou should retain their homestead qualification rights if they leave permanently because of going out to work, performing military service, going to school, serving a sentence, etc.

According to the new regulations, the qualification right of homestead is mainly based on "members of local collective economic organizations in agricultural registered permanent residence", that is, members have the qualification right, and vice versa.

According to the specific expression of the new regulations, it is not difficult to see that "marrying a woman" and "adopting a man" in other villages are the rights to determine the eligibility for homestead. On this issue, there should not be much controversy, and Shanghai's reform pilot norms are worthy of praise.

In short, with this right, farmers can safely rent their homesteads and houses to other villagers or urban household registration investors, and "revitalize" idle land resources while taking into account the protection of farmers' own living rights and interests. Under what circumstances will the qualification right of homestead be terminated?

A: The qualification right of rural homestead is terminated due to the following circumstances:

(a) the right holder of homestead qualification died;

(two) the right holder of the homestead has enjoyed the relocation of the homestead or enjoyed the financial housing subsidy (including welfare housing distribution);

(three) soldiers enjoy preferential housing policies and other housing security benefits after changing jobs;

(four) people who enjoy social insurance for land acquisition and turn into non-agricultural household registration, as well as household registration and self-care ration households who have moved back to their original places;

(five) members of collective economic organizations voluntarily withdraw from the original homestead (permanent withdrawal);

(6) Other circumstances stipulated by laws and regulations.

At the same time, the new regulations also clearly stipulate the special situation of "divorce". For divorced families who are members of the collective economic organization and have disposed of their original residential homestead and above-ground houses, in line with the principle of seeking truth from facts and through collective democratic decision-making, the qualification rights of farmers' homestead are scientifically and steadily recognized.

To sum up, the qualification right of homestead, like the right to use it now, is a kind of welfare and security right based on the specific identity of farmers. The welfare and security of housing can only be enjoyed by citizens between urban and rural areas, but not both. If farmers enjoy the corresponding welfare benefits in cities, then the rural share can not continue to enjoy.

legal ground

Land Management Law of the People's Republic of China

Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government.

In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.

Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.

After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.

The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.

The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.