The Frontiers of Society, Science and Technology, 2023, 5(3); doi: 10.25236/FSST.2023.050317.
Cuicui Hu
School of Law, Anhui University of Finance and Economics, Bengbu, Anhui, 233030, China
Under the policy of "separation of three rights" for homesteads, 33 pilot areas, such as Yiwu City, Deqing County, and Jinzhai County, have tried to solve the problem of the idle rural homestead and aboveground housing by transferring homestead use right in various ways, which also brings benefits to farmers, rural collective economic organizations, the government, and other related entities. However, combined with the reform documents issued locally and the pilot situation, it is not difficult to find that there are many problems in the distribution of the value-added income of homestead in many pilot areas, such as the restricted transfer objects of homestead use right, the controversial subjects of the right to the value-added income of homestead, and the distribution rules of the value-added income of homestead violate the principle of fairness. Based on this, it is recommended that the restrictive conditions for the transfer of homestead use rights to social entities should be relaxed and that the subjects of the right to increase the value-added income from homestead should be clearly defined as farmers, rural collective economic organizations, and the government. The income distribution rules should take into account the interests and benefits of the people.
separation of three rights; homestead; value-added income
Cuicui Hu. On the Distribution of Value-added Income of Homestead under the "Separation of Three Rights". The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 3: 101-110. https://doi.org/10.25236/FSST.2023.050317.
[1] Huzhou Development and Reform Commission. Deqing County, Huzhou City revitalizes i-dle homestead to promote common prosperity [EB/OL] https: // www. ndrc. gov. cn/ fggz/ nyncjj/ zdjs/ 202110/ t20211015_1299756.html, 2021-10-15/2022-05-22.
[2] Yu Yiping. Our city was selected as a pilot area for a new round of rural homestead system reform [N]. Yiwu Business Daily, 2020-10-25 (4).
[3] Purple rain and cold moon Clarify “Three Rights”, Strengthen Supervision, Activate Resources, and Increase Benefits¬¬–Jinzhai County solidly promotes a new round of rural homestead system reform pilot [EB/OL]. http://www.ahagri.com/nwkx/Content/e7aebb34-041a-444b-9e74-2baebdc5651c,2022-3-24/ 2022- 05-22.
[4] Chen Xiaojun. The institutional dilemma of the right to the use of homestead and the dimension of its solution [J]. Legal Research, 2019, 41 (03): 48-72.
[5] Song Zhihong. “Separation of Three Rights” of homestead: From the goal of property right allocation to the realization of legislation [J]. China Land Science, 2019, 33 (06): 28-36.
[6] Song Zhihong. On the Relationship between Peasant Collectives and Rural Collective Economic Organizations [J]. China Law, 2021 (03): 164-185.
[7] Yang Yating. Research on the distribution of value-added income of housing base under the “three rights separation” [J]. Jurist, 2021 (05): 31-42+192.
[8] Wu Di. Consideration of homestead system reform – from the perspective of the contradiction between welfare and property of homestead [J]. Journal of Tianjin Normal University (Social Science Edition), 2020 (05): 46-50.
[9] Shi Weimin, Dong Pengbin. The legal regulation of sharing the right to use homestead from the perspective of household ownership [J]. Journal of Hunan Agricultural University (Social Science Edition), 2021, 22 (02): 73-79.
[10] Tang Jun, Zheng Tai'an. Right to use house site: legal deconstruction, value orientation and system optimization [J]. Rural Economy, 2021 (06): 1-7.