On The System Realization Of Homestead "Three Rights Separated"

Improving the utilization efficiency of homestead resources and realizing homestead property rights are important issues to be faced by the current homestead system reform.According to the current law,the transfer of the right to use homestead is strictly limited,only between members of collective economic organizations,and the realization of property rights is limited.With the development of rural society and economy,it is necessary to break the restriction on the circulation of the right to use house sites.In 2018,document No.1 of the central government put forward the concept of "separation of the three rights" of rural homestead.the establishment of homestead ownership,peasant household qualification rights and homestead use rights,in order to improve the utilization efficiency of homestead resources and realize homestead property rights.It is urgent to study how to raise the national policy of "separation of three powers" of homestead into law to respond to the needs of social life.This paper uses the methods of literature research,empirical research and normative analysis to study the realization of the system of "separation of three rights" of rural homestead.Apart from the introduction and conclusion,it is divided into four chapters.The introduction part elaborates the background and significance of the research,summarizes the research results of scholars on the "three rights separation" of homestead,and provides the basis for this research.The first chapter,from the "separation of two rights" to "separation of three rights" of homestead.Homestead refers to the rural land owned by the rural collective economic organizations,and the farmers have the right to use it to build their own houses and their affiliated facilities.Specific subject,free acquisition and use,indefinite use and strict restriction on circulation are its characteristics.In order to solve the drawbacks of the homestead system under the "separation of the two powers",the central government proposed the "separation of the three powers" policy.The second chapter is about the feasibility of "three rights separately" for homestead.The reform of "separation of three rights" of homestead can make up for the usufructuary right of homestead’s usufructuary right and return its private right attribute,thus realizing the property right of rural land,which has legal legitimacy.At the same time,it can wake up the sleeping homestead resources in rural areas,which not only meet the needs of the society,but also meet the needs of farmers,and has a realistic foundation.In addition,although China’s laws strictly restrict the circulation of the right to use homestead,there is still some institutional space for it.Therefore,it is feasible to divide the homestead into three rights.The third chapter is about the institutional implication of the "three rights divided" of homestead.It includes three aspects: the implementation of homestead ownership is to solve the problems of the marginalization of the main body and the virtual status of homestead ownership in the framework of the "separation of two rights" system;The construction of farmers’ qualification right is to ensure that farmers "do not lose their residence".In the process of homestead system reform,the qualification of farmers to obtain the right to use homestead will not change.The purpose of reforming the right to use house sites is to release the restriction on the circulation of the right to use house sites within a certain range,so as to realize the income power of the right to use house sites.The fourth chapter discusses the specific system structure of the separation of the "three rights" of homestead.For the ownership of homestead,we should define the main body of exercising its rights,perfect its functions and powers,and establish rules for exercising the rights of members of collective economic organizations.The institutional structure of farmers’ qualification rights mainly involves the identification of the main body,the limits of the exercise of rights,and the withdrawal and joining mechanisms.The right to use homestead should be defined from the following aspects: defining the main body,defining the rules for obtaining rights,perfecting the power,constructing its withdrawal and recovery mechanism,and defining the principle of registration and validation.The conclusion is a brief summary of this article.