Legal Research on Rural Idle Homestead Shares—Empirical Analysis Based on Pilot Areas

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.

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Publication Details

Journal
Science of Law Journal
Published
2025-01-01
DOI
https://doi.org/10.23977/law.2025.040211
Primary Topic
Regional Development and Environment
Type
article
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article

Legal Research on Rural Idle Homestead Shares—Empirical Analysis Based on Pilot Areas

Science of Law Journal
Regional Development and Environment
article

Legal Research on Rural Idle Homestead Shares—Empirical Analysis Based on Pilot Areas

article en

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.

Science of Law JournalVol. 4(2)
Nanjing Agricultural University (CN)
Openalex Percentile: Top 86%
Regional Development and Environment
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