Research On The Realization Form Of "Three Rights Division" Of Rural Homestead On The Basis Of The Farmers’ Development Ability Theory

Improving farmers’ development ability is the inevitable requirement of farmers’ development in the new era,On the basis of the theoretical perspective of farmers’ development ability,this paper studies the realization form of " Three rights division" of rural homestead,theoretically enriches and develops the Marxist theory of "comprehensive and free development of human beings",The theory of farmers’ development ability with Chinese characteristics and the theory of rural homestead system has positive practical significance for adhering to the collective ownership of rural land and protecting farmers’ land interests.The research ideas of this paper are as follows:First,this paper establishes the concept of farmers’ development ability supported by survival guarantee ability,production development ability and property income ability,interprets the characteristics of the institutional changes of rural homestead since the founding of new China,and explains the institutional connotation of the current "Three Rights Division" of rural homestead,and lays a theoretical foundation for exploring the innovation of the realization form of the "Three Rights Division" of rural homestead;Through the investigation and Research on the practice of " Three rights division" in the pilot area of rural homestead reform,this paper deeply summarizes and evaluates the practical experience,describes the existing problems and analyzes the causes of the problems,and explores the combination of theoretical analysis and practice;Again,applying Marx’s ownership theory and western property right theory,through the scientific and reasonable analysis of the theory,this paper makes an in-depth analysis on the basic problems such as the right nature,right subject,power content and right operation of the "Three rights" of rural homestead,explores the innovation of the realization form of the "Three Rights Division" of homestead from the perspective of improving farmers’ development ability,and puts forward specific suggestions.The structure of the thesis consists of four parts.The first part is the question raising part(Chapter 1),This part mainly expounds the research background,theoretical and practical significance of "why study the theme",and makes it clear that the research is basing on the objective relationship between the basic facts and the social environment;This paper expounds the research content,ideas,contents and methods of "how to study the theme",and summarizes the research innovation and shortcomings.The second part is the theoretical basis and Enlightenment(Chapter 2-3).This part first combs the relevant research literature,and makes it clear that the research should be based on the objective relationship between the basic facts and the social environment.Then,the part expounds the understanding and reference significance of Marx’s theory of all-round free development of human beings,the theory of land property rights,and the ability theory of western scholars,the theory of land and the theory of new institutional property rights for the study of this paper.From the perspective of the ability development of Chinese farmers in the new era,this paper studies the realization form of the “Three Rights Division”,and provides a theoretical analysis with local particularity for the property rights of rural homestead under the framework of collective ownership.The third part is the theoretical construction part(Chapter 4).This part theoretically explains the connotation,influencing factors,action subjects and dimensions of "farmers’ development ability",Baseing on China’s national conditions,this paper focuses on the analysis of farmers’ survival guarantee ability from the perspective of family,the production and development ability from the perspective of collective,and the property income ability from the perspective of individual,which constitute the basic dimensions of farmers’ development ability under contemporary China’s national conditions.From the perspective of farmers’ development ability,this paper describes the changing characteristics of the homestead system,and points out that the goal of maintaining farmers’ survival guarantee ability runs through the main line of the evolution of the homestead system.The exploration of relying on collective organizations to improve farmers’ production and development ability has been paid more and more attention.Under the background of urbanization,farmers’ property income ability has become a new problem in the reform of the homestead system.In terms of the relationship between the realization form of "Three Rights Division" and farmers’ development ability,collective ownership under collective ownership is the institutional guarantee to enhance farmers’ production and development ability,farmers’ qualification right is the institutional guarantee to strengthen farmers’ survival ability,and homestead using right is the property right carrier to expand farmers’ property income ability.It should be emphasized that the implementation of collective ownership of homestead can promote farmers’ production and development ability,realize homestead qualification right,strengthen farmers’ survival guarantee ability,enliven the use right of homestead,and expand farmers’ property income ability.The fourth part is the theoretical analysis and system construction of the realization form of "Three Rights Division" from the perspective of farmers’ development ability(Chapter 5-7).Chapter 5 explores the realization of homestead qualification right based on strengthening farmers’ survival guarantee ability.As a kind of "identity" right,the right subject of farmers’ qualification right is the members of the collective formed by collecting land.To explore the realization of the qualification right of rural homestead,we need to make it clear that the subject of the right is an individual,and the realization of the right can be based on the "family".The specific power of the qualification right should include the right of claim and transfer of homestead distribution,which is a right with expectable interests;Chapter 6 explores the realization form of collective ownership of homestead from the perspective of improving production and development capacity.Collective economic organizations are the main actors of unified use of construction land,including homestead,for collective economic activities to enhance the vitality of rural economy.To implement the collective ownership of homestead,first of all,the collective economic organization as the subject of rights needs to be fully developed and the internal governance needs to be improved,so as to realize the reasonable division of governance among the internal governance units of rural society;Its specific realization forms are reflected in the actual distribution,disposal,income and supervision.Chapter 7 explores the realization of homestead use right based on expanding farmers’ property income ability.There is a deviation between the factual right relationship and the legal right relationship of the homestead use right,The focus of optimization is to systematically correct the property rights of the homestead use right,guide the relationship coordination of the right subjects of all parties,and improve the legal right structure of the homestead use right in an incremental way.Chapter 8 summarizes the views of the full text and looks forward to the further research direction.This paper tries to express the thought of socialism with Chinese characteristics in the new era and proposes to realize the theoretical innovation which meets the socialist essence requirements : First,the paper bases on the Marxist theory of "human development" and draws lessons from the western ability theory,Starting from the national conditions,this paper focuses on the analysis of farmers’ survival guarantee ability from the perspective of family.this paper focuses on the analysis of farmers’ production and development capacity from the collective perspective,Among the various dimensions of farmers’ development ability,survival guarantee ability is always the basic dimension,production development ability is the core dimension,and property income ability is a new dimension in the composition of farmers’ development ability after economic and social development reaches a certain stage.Secondly,basing on the theoretical perspective of "farmers’ development ability",Pointing out the changes of homestead system since the founding of new China reflect the trade-offs of rural homestead in different stages for maintaining farmers’ basic housing security,realizing collective unified utilization and increasing farmers’ property income.The reform of homestead system has been promoted to the stage of " Three Rights Division ",and the establishment of "qualification right" should be committed to strengthening the housing security ability of farmers,The core of "collective ownership" is to improve the production and development capacity of farmers through the unified planning and rational utilization of collective construction land,The incremental power part of the "use right" responds to the demands of some farmers for increasing property income and improves the ability of farmers to realize property income under the condition of market economy,so as to achieve the goal of improving "farmers’ development ability" from multiple dimensions.Thirdly,the paper under the framework of collective ownership,focusing on "incremental" power,the paper innovatively puts forward the specific realization form of "Three Rights Division" of homestead,so as to realize the balance of interests among the collective,farmers and the actual users of homestead.The attribute of collective membership is the prerequisite for the identification of the nature of qualification rights and the division of powers and functions.Its increment is mainly reflected in the physical distribution of "one household and one house" to the gradual expansion of diversified realization forms including "one household and one house";The increment of collective ownership is mainly reflected in strengthening the unified planning and utilization of homestead by collective economic organizations and legal recovery;The incremental realization of homestead use right focuses on the transfer,inheritance and mortgage of homestead use right for members of non collective economic organizations.This paper tries to express the combination of the thought of socialism with Chinese characteristics in the new era,the theoretical thought of classical Marxist writers and Chinese practice,Linking the problem of farmers’ ability development with the problem of the realization form of "Three Rights Division" of homestead in the reform of rural land system,To some extent,it reflects and expresses the sinicization and modernization of Marxism,In essence,the reform of the realization form of "Three Rights Division" in rural homestead must be a practice in line with China’s national conditions and an innovation in line with the essential requirements of socialism.