当前严峻的就业压力,致使大量原籍为农村的大学毕业生选择“返乡”。然而,由于户籍制度和宅基地管理制度的缺陷,以及村民自治权利的滥用,这个群体户口回到原籍后被转为非农户口,从而无法得到农村集体经济组织的成员权利,失去了应得的经济利益。以作为一项重要的农村集体经济组织权利的土地承包经营权为重点,以其在实践中引发的典型案例着手。从社会保障角度及法治社会的公平原则出发,探讨对此问题的解决方法并对相关规定提出修改意见。 The current severe employment pressure, resulting in a large number of college graduates choose to return to rural areas. However, due to the defects of the household registration system and the homestead management system as well as the abuse of the right of villagers’ self-government, this group of hukou is returned to the non-agricultural household after returning to its place of origin and thus can not get the rights of members of rural collective economic organizations and lose the deserved economic benefit. Focusing on the land contracting management right which is an important right of rural collective economic organization, this paper starts with the typical cases that it triggered in practice. From the perspective of social security and the principle of fairness in the society under the rule of law, this article discusses ways to solve this problem and proposes amendments to the relevant provisions.