Non-agricultural registered permanent residence is an epoch-making division of household registration into agricultural registered permanent residence and non-agricultural registered permanent residence in the era of planned economy. Agricultural registered permanent residence refers to the residents who produce their own rations, and non-agricultural registered permanent residence refers to the urban registered residents who are distributed by the state.
Farmers and non-farmers are the elements of commodity grain under the planned economy. Under the condition of modern socialist market economy, the main difference is that non-agricultural registered permanent residence no longer enjoys the right to land distribution and use.
At present, according to social reality, rural residents basically only refer to those members of village collectives who own land rights in rural areas, while non-agricultural registered permanent residence residents living in rural areas have always been urban residents.
Because China's existing laws, regulations and judicial interpretations do not have a unified definition standard for urban residents and rural residents. In practice, the method of dividing urban residents and rural residents in different places is based on household registration, agricultural registered permanent residence is classified as rural residents, and non-farmers are classified as urban residents, based on residence. Those living in urban areas above the county level are urban residents, and the rest are rural residents.
Defining by household registration standard is relatively simple, but it is unfair.
Judging from the current situation in China, it is very common for rural household registration personnel to find jobs or settle down in cities and towns. The income and living expenses of these rural residents are no different from those of urban residents.
In addition, in the widely used method of dividing urban residents and rural residents by household registration, it is obviously unfair to high-income groups such as minors, farmers and entrepreneurs, and rural businessmen.
In order to protect the legitimate rights and interests to the maximum extent, the Supreme People's Court should issue relevant judicial interpretations, uniformly define the criteria for dividing urban residents and rural residents, and strive to expand the scope of application of urban residents, unless the agricultural population should be recognized as urban residents.
The following persons should also belong to urban residents:
1. Residents who have been planned as urban land use areas, including foreign residents who have lived for more than one year, are urban residents;
2 rural residents who have been doing business and studying in other cities and counties for more than one year; Overseas Chinese who return to China for temporary or permanent residence are urban residents;
3. Other people who should be identified as urban residents are rural residents.
"Regulations of People's Republic of China (PRC) Municipality on Household Registration" Article 5 Household registration shall be based on households. The person who lives with the supervisor is a household and the supervisor is the head of the household. An independent family, with me in charge. Households living in institutions, organizations, schools, enterprises, institutions and public dormitories * * * set up separate households or separate accounts. The head of household is responsible for reporting household registration in accordance with the provisions of these regulations.