Rapid urbanization and the subsequent large-scale migration of the rural population have resulted in a significant proliferation of idle residential land (Zhajiandi) in rural areas. This phenomenon not only exacerbates the inefficient allocation of la...
Rapid urbanization and the subsequent large-scale migration of the rural population have resulted in a significant proliferation of idle residential land (Zhajiandi) in rural areas. This phenomenon not only exacerbates the inefficient allocation of land resources but also hinders the realization of the property value inherent in rural land. Consequently, overcoming the institutional limitations of utilizing idle residential land under the framework of the rule of law constitutes a critical agenda for deepening land system reform and achieving rural revitalization. Against the legislative backdrop of China’s reform concerning the "separation of three rights" (comprising collective ownership, qualification rights, and use rights) of rural residential land, this study provides a profound examination of the legal and regulatory directions for revitalizing idle residential land. From the perspectives of property law and administrative law, this paper first analyzes the legal character of idle residential land and investigates the underlying causes and typologies of rural residential land that has remained unused for extended periods or has lost its residential function. Furthermore, it examines the legal status and respective roles of rural households, rural collective economic organizations, and social capital within the revitalization process, while exploring diverse utilization mechanisms such as voluntary relinquishment, leasing, and equity investment. The analysis reveals that the current system confronts various institutional impediments, including ambiguous criteria for identifying idleness, delays in right confirmation and registration, an inadequate interest-coordination mechanism among pluralistic stakeholders, and rigid land-use regulations. To address these systemic deficiencies, this study proposes a legal and policy framework anchored in the rule of law to clarify legal relations, refine the rights-allocation system, and ensure a stable market transaction order. Specifically, this paper suggests concrete criteria for identifying idleness, streamlining administrative management systems, expanding the utilization of use rights by optimizing the "separation of three rights" structure, and establishing an interest-sharing model among "rural households, collective economic organizations, and social capital." Additionally, it underscores the necessity of safeguarding farmers' residential stability and fundamental rights through the introduction of risk compensation funds, rights of first refusal, and right of residence (habitation) systems. In conclusion, this study aims to contribute to providing an institutional foundation for rural revitalization by broadening financial support channels and establishing an integrated digital transaction platform, thereby transforming rural land resources from a mere means of social security into a sustainable factor of production.