The current situation and management of idle rural homesteads in china - based on a survey in Jiangxi province

household with several houses” and for the homesteads that exceed size limits of the category "one household, one house”.

The authors think that there should be a difference between the two aforementioned situations, for "one household with several houses” there is no the possibility of future use, and there is no need to guarantee the homestead, this is easier to withdraw compared to the homesteads that exceed size limits, that shouldn't be given the confirmation of rights. In 1982, the use of the homesteads that exceed size limits was determined, that year the State Council promulgated the "Housing land management regulations in villages and townships” for the first time defined size limits of the housing area of the homesteads, because the law is not retroactive, before the over-standard homesteads had not been determined, now an action for affirming rights for the whole area of the homesteads shall be legally effective, in case of exceeding size limits the rights for such homesteads should be affirmed according to the year of construction or the current standard of size limits.

3.3 The classification of the ways of idle homesteads use according to local conditions

The management of idle homesteads is like flood management, at an earlier stage it is similar to trying fix the leaking dam. The idle homesteads will be returned to the rural collective economic organizations, paying back its debts to the history, but it doesn't resolve the problems of use of the homesteads. In other words, homestead rectification is the temporary policy intervention with the urbanization processes spreading across the depth, in the future new idle homesteads will inevitably continue to appear in the rural areas. At this point, if no reasonable methods for flood discharge were found, the dam would probably still be leaking.

After China's 40th anniversary of reform and opening-up, the changing face of rural development may also vary. On September 26, 2018, the Central Committee of the Communist Party of China issued a rural revitalization plan on the National Strategic Plan for Rural Revitalization (2018-2022). In accordance with the law of village development and the trend of evolution, according to the development status of different villages, location conditions, resource endowment, according to the idea of agglomeration and promotion, integration into the town, characteristic protection, relocation, and merger, the rural revitalization should be classified into four categories: gathering and upgrading villages, suburban fusion villages, integrated suburbs, protection villages, relocated and merged villages.

Most of the villages in the towns of Gao'an and Fengcheng belong to the category of gathering and upgrading villages. The existing large-scale central villages and other general villages that will continue to exist, accounting for the majority of rural types, are the main types of Chinese villages, the focus of rural revitalization. For villages located in areas with harsh living conditions, fragile ecological environment and frequent natural disasters, villages that need to be relocated due to major projects and villages with particularly serious population loss, village relocation and consolidation can be carried out by means of poverty alleviation, ecological livable relocation and rural agglomeration and development relocation. There are problems of village livelihood, ecological protection, etc. Protection villages are the ones with rich natural historical and cultural resources, such as famous historical and cultural villages, traditional villages, villages with ethnic minority characteristics, and famous tourist villages with the characteristic landscape, which are important carriers for highlighting and inheriting Chinese excellent traditional culture. Suburban fusion villages (the suburbs of the city and the villages) where the town of Chengguan is located in the county have the advantages of being the backyard of the city and the conditions of transformation to the city. The land utilization rate is high, the main result is a small property right housing problem caused by private purchasing, selling. The authors primarily discuss the use of idle homesteads of the first three categories of villages, on the basis of the supporting planning. There are the following ways to choose from:

Restore the cultivation or planting greenery. The demand for relocation and removal of the idle homesteads in gathering and upgrading villages from the original site is very small, economic value is not great; the function of living is not strong. For this part of the idle homesteads, on the basis of the evaluation of the potential of restoration and cultivation, cultivation or planting greenery can be implemented. This method effectively guarantees the red line of cultivated land and frees out the construction land index for urban development.

Construction of rural industries or public facilities. Gathering and upgrading villages as a type of main villages in China, the goal of the future development is to enhance the cultural literacy, living environment and economic income of the residents, and finally build a beautiful countryside with favorable living and working environment. Taking Shageng village of Fengcheng town as an example, on the basis of the rural unified planning, Shageng village has integrated a construction of the Wetland Park, accumulating points (banks) of garbage and recycling, public flushing toilets with ecological protection has built the villager's cultural center, a small sandstone industrial park, using the idle homesteads that have been withdrawn in Shageng village. In addition, based on the aforementioned traditional rural demand for agricultural production, villages that provide good conditions can establish a collective agricultural warehouse on the farmers' applications. Each household has a warehouse separate storage room for their own agricultural production equipment, fertilizers, grains, and other items. Farmers pay fewer costs for rent than for renting homesteads that exceed size limits each year.

Explore the right to use the homestead transfer mechanism. The transfer of the right to use rural homesteads is the requirement of the property value of the homestead, and its existence is premised on the market demand. If in the past we discussed whether the right to use the homestead should be transferred, then the central government in recent years has issued a series of homesteads' transfer reform documents, now we are more concerned about the extent to which the right to use the homestead should be transferred. On January 1, 2018, the Opinions of the State Council of the CPC Central Committee on the Implementation of the Strategy for Rural Revitalization put forward "three-power separation”: the ownership, qualification rights and the right to use the homesteads, which brought about a fundamental improvement into the governance of idle homesteads. In the past, there were protected villages, which received protection because of their recognized natural or cultural values. In the process of management of idle homesteads, the government paid attention to protect the integrity of the village, which affected the use of idle homesteads. After the introduction of the three-power separation policy, in Chengdian village of Rui'an town of Zhejiang province the right to use more than 100 idle farmhouses has been transferred to the tour company to develop residential tourism, farmers holding the homestead qualification certificate regularly get rental income from the companies, the companies holding the homestead use right certificates are also able to operate successfully in accordance with a win-win cooperation principle [Yue, 2018].

3.4 Relying on farmers' autonomy and public participation

The management of idle homesteads in rural areas should be combined with the actual situation in various places, respect the basic wishes of the population, and on the basis of extensive public participation, prepare and revise village-level land-use planning, village layout planning, land regulating planning and homesteads' regulating plan. In this process, it should be clearly led by the rural collective economic organizations; the role of government is the assistance and supervision. Take the area of the homestead plots which exceeds size limits as an example, in Fengcheng town, according to the measures for the control of homestead standard area is between 100 square meters to 200 square meters, the exact limit size is determined by the villages according to the actual situation. On the basis of holding more than 500 people's mass meetings, the village committee of Shageng village has worked out the measures for the control of homestead standard area, among which, in view of the sharp contradictions between population and land in the village, has set size limits of 110 square meters as the allowable standard. In the process of rectification, Shageng village also pays attention to the leading role of advanced intellectuals, there are "five well-known scholars” elected among the villagers with well-known people outside the village for the formation of the People's Civil Affairs Council to carry out publicity. Village cadres, members of the People's Civil Affairs Council and other Party members take the lead in conforming to the rules and promoting the implementation of the control measures.

rural homestead migration certificate

References

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3. Xu Yanji. "Forced demolition incident in Pingyi county” has raised alarm concerning the urgent need to strengthen the legalization” [EB/OL]. http://www.xinhuanet.com//yuqing/2015-12/28/ c_128574318.htm. December 28, 2015. In Chinese Yue, Ru. "Rui'an has issued the first batch of rural homesteads use right transfer certificates” [EB/OL]. https://zj.zjol.com.cn/ news/1010568.html. August 17, 2018. In Chinese Zhang Rongjun, Duan Jiannan. "Research and analysis of idle homesteads in the rural areas of Hunan province” [J]. Hunan nongye kexue xuebao, 2017 (5). In Chinese

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