New Deal of Rural Homestead in 2023

A few days ago, China issued the Comprehensive Implementation Plan for Deepening Rural Reform, which is an important measure of rural reform in China and a key deployment in the critical period of rural economic and social development.

What are the specific provisions of the new rural homestead policy?

Seven principles of reform: adhere to the synchronous development of rural multi-ownership economy, adhere to and improve the basic rural management system, adhere to the direction of socialist market economy reform, adhere to the protection of farmers' rights and interests, adhere to overall planning, adhere to gradual progress, pilot first, and adhere to the party's leadership over the work of agriculture, rural areas and farmers. To deepen rural reform, we should focus on five major areas: rural collective property rights system, agricultural management system, agricultural support and protection system, urban-rural development integration system and rural social governance system.

The Plan puts forward 26 reform measures in five key areas, the first of which is to deepen the reform of rural collective property rights system. In this regard, Chen Xwen said that putting the reform of rural property rights system in the first place is of fundamental significance and role to the entire rural economic system. "Not only because the collective economy occupies a large proportion in the whole rural economy, but also because the vital interests of hundreds of millions of farmers are closely related to the property rights system of the rural collective economy." Deepen the reform of rural land system, adhere to the "three bottom lines" that the public nature of land will not change, the red line of cultivated land will not break through, and the interests of farmers will not be damaged to prevent subversive mistakes. The basic direction of deepening the reform of rural land system is to implement collective ownership, stabilize farmers' contracting rights and liberalize land management rights. Implementing collective ownership means implementing the legal provisions that "the real estate and movable property owned by farmers collectively belong to collective members", clearly defining the rights of farmers' collective members, clarifying the ownership of collective land property rights and realizing the clarity of the subject of collective property rights. Stabilizing farmers' contracting rights is to implement the collective land contractual management right to every farmer in the collective organization fairly according to law. Emancipating the land management right means allowing contracted farmers to voluntarily allocate the land management right to the main body with the willingness to operate and the ability to sell, and develop various forms of moderate scale operation. The first is to carry out rural land expropriation, collective construction land entering the market, and homestead system reform. Sum up experience in time, constantly improve, and form replicable and popularized reform results. The basic idea of rural land expropriation system reform is to narrow the scope of land expropriation, standardize the procedures of land expropriation, improve the reasonable, standardized and diversified security mechanism for landless farmers, establish a land value-added income distribution mechanism that takes into account the state, the collective and the individual, and reasonably increase personal income. The basic idea of the reform of the collective construction land system is to allow the existing rural collective construction land identified as industrial, mining, warehousing, commercial services and other business purposes in the overall land use planning and urban and rural planning to enjoy the same rights as state-owned construction land, and can be transferred, leased or invested in shares on the premise of conforming to the planning, use control and legal acquisition, so as to improve the trading rules, service supervision system and rational distribution mechanism of land value-added income. The basic idea of homestead system reform is: on the basis of protecting farmers' usufructuary right of homestead obtained according to law, reform rural homestead system, explore new mechanism of farmers' housing security, clearly define farmers' housing property rights, explore paid use system of homestead and voluntary paid withdrawal mechanism, and explore effective ways of mortgage, guarantee and transfer of farmers' housing property rights. The second is to deepen the reform of rural land contract management system. Pay close attention to the revision of relevant laws, implement the central government's major decision on stabilizing rural land contract relationship and keeping it unchanged for a long time, and timely put forward specific plans for the continuation of cultivated land after the expiration of the second round of contracting and during the new contracting period. On the basis of basically completing the registration and certification of rural collective land ownership, in accordance with the principle of unified registration of real estate, accelerate the registration and certification of the right to use homestead and collective construction land. Clarify and enhance the legal effect of the registration and certification of rural land contractual management rights, expand the pilot scope of the province, generally be accurate to households, and strictly grasp the scope of ownership. Guiding opinions on the pilot project of mortgage guarantee for rural contracted land management rights were issued. Piloting the paid withdrawal of farmers' land contractual management rights in places where conditions permit. Formulate and issue documents to improve the grassland contracting management system, standardize the grassland contracting behavior and management methods, and fully mobilize the enthusiasm of herders to protect and build grasslands. Guide the orderly circulation of the right to use barren hills and wasteland owned by rural collectives. The third is to improve the farmland protection and compensation system. Strictly implement the overall land use planning, strengthen the protection of cultivated land, comprehensively demarcate permanent basic farmland and implement special protection. Improve the land reclamation system, revitalize the land stock, establish an incentive and restraint mechanism for land reclamation, and implement the responsibility for reclamation of damaged cultivated land in production and construction. Intensify the transformation of low-and medium-yield fields, improve the way of rural land consolidation, increase basic farmland with high and stable yield, and improve agricultural production conditions and ecological environment. Strengthen the standardized management of the balance of cultivated land occupation and compensation according to law, strengthen the legal responsibility of the balance of cultivated land occupation and compensation, improve the quality evaluation system of the balance of cultivated land occupation and compensation, and ensure that the quantity and quality of supplementary cultivated land are in place. Improve the compensation mechanism for the protection of cultivated land and basic farmland. Take more effective measures, strengthen the supervision of the balance of cultivated land occupation and compensation, resolutely prevent the phenomenon of more occupation and less compensation, superior compensation and occupation of paddy fields to supplement dry fields, and put an end to illegal occupation of forest land and wetlands to supplement cultivated land. Further implement the audit system for the departure of leading cadres of the cultivated land protection government. In accordance with relevant laws and regulations, we will improve and expand pilot projects such as linking urban and rural construction land and "land tickets", and promote the use of policies linking urban and rural construction land to support ex situ poverty alleviation and relocation.

Legal objectivity:

Article 62 of the Land Management Law: Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set 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. 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.