Author(s)

Wang Xinyi ¹, Hou Yixing ¹, Li Jinxin ¹, Xu Qianxi ¹, Xing Yurong ¹, Ding Yufeng ¹

Affiliation(s)

¹ Nanjing Agricultural University, Nanjing, Jiangsu, 210014, China

Corresponding Author

Ding Yufeng

ABSTRACT

With the acceleration of urbanization, the problem of countryside idle housing land is highlighted, and Homestead shares has become an important way to revitalize resources and help rural revitalization. This paper is based on the typical cases of village A, village B and village C , This paper systematically analyzes the institutional dilemma of homestead investment : first, the definition of subject and object is vague ; second, there is no unified standard for the period of investment ; third, the boundary of equity power is unclear ; fourth, risk prevention and control and the absence of rights and interests protection mechanism. By comparing the practical experience of the three places, the research puts forward the path of system optimization : clarifying the object attribute of " secondary homestead use right " at the legal level, and establishing the individual as the main body of shares ; build a flexible term mechanism and set a 20-70 year period by classification ; define the special equity rights such as the priority dividend right, and limit the transfer conditions to ensure the residential function ; improve the cooperative-led ' guaranteed income + dividend ' mechanism, strengthen risk sharing and government bottom-up. The research shows that through institutional reconstruction and model innovation, the practical problems of homestead shareholding can be solved and the efficient allocation of urban and rural resource elements can be promoted.

KEYWORDS

Idle Homestead; Shares; The Right To Use Homestead

CITE THIS PAPER

Wang Xinyi, Hou Yixing, Li Jinxin, Xu Qianxi, Xing Yurong, Ding Yufeng. Legal Research on Rural Idle Homestead Shares—Empirical Analysis Based on Pilot Areas. Science of Law Journal (2025) Vol. 4: 87-98. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040211.

REFERENCES

[1] Zhu Ting. Research on the construction of legal system of idle residence base into shares [D]. Anhui University of Finance and Economics,2023.
[2] Mei Jing. Research on the Legal Problems of Rural Idle homestead Shares[D]. Jiangxi University of Finance and Economics, 2023.
[3] Wei Hui. Exploration on the Realization Forms of Farmers' homestead Property Rights[J]. Social Sciences, 2023,38(04):110-115.
[4] Xiao Shunwu, Liu Fangming. Abiding by the right and innovating: the skewed protection of farmer shareholders in the shareholding of idle homesteads[J/OL]. Development Research,1-16[2025-02-11].
[5] Gao Hai. On the "three rights division" and the persistence of collective land ownership[J]. China Rural Observation,2019,(03):39-51.  
[6] Gao Xinting, Meng Cunige. Institutional dilemma and optimization path of idle residential land use right into shares[J]. Journal of Shandong Agricultural University (Social Science Edition),2024,26(03):1-7.
[7] Song Zhihong. Reconstruction of homestead right system in the context of rural revitalization[J]. Legal Research, 2019,41(03):73-92.

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