Rural homesteadsYesFarmersan important benefit andSocial securitySystem. According to the Property Law of China and the guidance of the Supreme People's CourtRural homesteadsBuying and selling are permitted, but at the same time subject to some restrictions. HomesteadThe transfer of the right of use must meet the following conditions: the transferor owns two or more propertiesRuralHousing (inclusiveHomestead）；The transfer must be in the sameCollective economic organizationinter-member conduct; The assignee cannot own other housing andHomestead, compliantHomesteadconditions for the allocation of usufruct rights; The consent of the collective organization is required for the act of transfer. These restrictions exist to ensure the rational use and avoidance of land resourcesRuralThe risk of land being annexed by outsiders.
However, in practice, there are also cases where theRural homesteadsThe restrictions on the transfer were broken and madeHomesteadThe transfer to the out-of-town people was recognized. For example, one occurred in Ankang City in 2012Land transferIn this case, a villager in Yao transferred part of his homestead land to a neighbor in a neighboring village, Fujiaying Village. In this case, there were problems such as the forgery of the signing of the transfer agreement, which eventually led to the permanent loss of a piece of land by the Yao village collective, while the Fujiaying village collective increased a piece of land. This happensLawsprescribed, becauseHomesteadThe assignment should be limited to thisCollective economic organizationshould not be given to non-villagers.
Rural homesteadsThe transfer of the right of use requires the consent of the collective organization and can only be made hereCollective economic organizationcarried out. However, in some cases, the assignment agreement may be deemed valid. For example, in a certain village of kilnLand transferIn this case, the court held that although the plaintiff and the defendant lived in different village groups, they were ordered to do so with the participation of village committee officialsLand transferagreement, and was supported by the plaintiff's village committee, so the assignment agreement was valid. However, the court's reasons for finding that the agreement was valid are open to debate, as issues such as the authenticity of the agreement and whether it was voted on by the village collective assembly need to be further investigated and considered.
Rural homesteadsRestrictions on the right of use are ensuredHomesteadIn thisCollective economic organizationand protectFarmerslegitimate interests. And willHomesteadTransferring to a person from another village would be contrary to the relevant regulationsLawsregulations, to the detriment of the interests of the collective. Therefore, any contract with non-villagers (including villagers from other villages and urban residents).HomesteadThe contract of sale is null and void. This provision is intended to preventRuralThe land was annexed by outsiders, ensuredFarmersland security andRuralThe good of the collective.
Rural homesteadsThe issue of transfer is involvedFarmerslegitimate rights and interests, rational use of land resources and balance of collective interests. When dealing with such cases, the legality and authenticity of the transfer agreement should be carefully examined, and the forgery and tampering of the transfer agreement should be strictly prohibited to ensure that no outsiders obtain it through improper meansRural homesteads。At the same time, it should be strengthened to:FarmersofLawsAwarenessEducationso that they understand and complyRural homesteadsTransfer of the relevant provisions to avoid because of the lack of provisionsLawsknowledge is treated unfairly. For cases similar to Yang Mouying in a certain village of Yao, it should be strengthenedFarmersofLawsassistance to help them protect their legitimate rights and interests, and to promote the reform of the judicial system to improve the fairness and impartiality of trials.
At the same time, it should also be advocated and promotedRural homesteadsOptimization and improvement of the transfer system. It can be considered that under certain conditions, it is allowedRural homesteadsIn thisCollective economic organizationbut must be guaranteed byFarmersCollectively owned land will not be bought or sold by outsiders for protectionFarmersland interests and collective interests. Rural homesteadsThe optimization and improvement of the transfer system can be promotedRuralThe rational allocation and flow of land resources have been improvedFarmerseconomic income and standard of living.
Overall,Rural homesteadsThe issue of transfers needs to be strengthenedLawsPublicityEducation, improve relevant systems and strengthen judicial supervision to solve the problem. Only to make sureFarmersThe legitimate rights and interests of the country can be truly realizedRural homesteadssystem of welfare andSocial securityFunction.