Study On The System Of The “Separation Of Three Rights” In House Sites

Since the establishment of People's Republic of China,it's rural homestead system has undergone three changes,including “homestead ownership belongs to the famer”,“homestead ownership belongs to the collectivity” and “the homestead ownership belongs to the collectivity and the farmer keeps the using-right of homestead”.In the context of the industrial-first economic strategy,farmers are mostly confined to the countryside because of the limitation of census register identity.The ownership form of rural homestead has formed the social structure of“two yuan”power.With the development of industry and the integration of urban and rural,The current rural land system has gradually become the institutional barrier of agriculture and rural development.After the“Three Riights Division”of rural land being expressed in the law,the“Three Riights Division”of homestead became a hot spot of social attention.As the rural homestead bears the multiple functions of economy,politics and foundation security,the trend of its reform will affect all aspects of society.The“Three Riights Division”of homestead is an important link in the development and reform of agricultural modernization because that we could further release rural dividends by revitalizing idle rural resources and we could promote the process of urban-rural integration by coordinating fairly factors of production between urban and rural areas.By reviewing the historical background of the rural homestead system,the author analyzes the realistic needs of its current legal system,displays the generation logic of the three-power division system of homestead,and explores the value orientation of the three-power division system of homestead.From the perspective of legal right,this paper analyzes the property right attribute of the three rights of homestead,designs the structure of the three rights and functions,and explores the realization path of the three rights of homestead under the value orientation of efficiency,fairness and freedom.