Professor Gao Hai of our school published his paper entitled On the Withdrawal of the Three Rights of Collective Land after the Peasants Settled in the city in China Legal Science 2020 issue 2.
Adopting farmers settling down in cities as the main thread,taking the perspective of collective land, this paper points out that policy expression and legal provisions about supporting and guiding peasants to voluntarily withdraw from land contractual(management) rights, rights to use homestead and collective land equity with compensation after settling in cities, still have some problems that the rule of whether and when the peasants should lose their collective membership after they settled in cities is unclear. In the reform of the ‘three-right separation' of the contracted land, the ‘three-right separation' of the homestead and the collective property rights system,we'd better solve the above problems by improving the criteria and procedures for the loss of collective membership, improving the(first) priority transfer rights of the ‘three rights' of collective land and the shareholding plan of land contractual management rights and rights to use homestead, drawing support from the design of classified shares of the land management rights and use rights and even the equity inherited by non-members of the collective, timely nationalizing collective land after a large number of peasants settled in cities and lost their collective membership,etc.
Publication of this paper adds a great honor to the faculty of our school in paper publication in three key journals of legal science ,China legal Science,Social Sciences in China,Chinese Journal of Law.
(Writing: Zhu Xingyu; Reviewed by:Zhang Weibin)