Research On Institutional Countermeasures To Resolve Practical Dilemma Of Homestead Qualification Right

In 2018,the No.1 Document of the Central Committee,"Opinions of the CPC Central Committee and the State Council on Implementing the Strategy of Rural Revitalization",first proposed the right to house site qualification.Since "farmer’s qualification right" is not a concept of right in the current law,and the document has neither made a specific explanation on the right structure of "separation of three rights" nor listed the supporting legal norms related to the qualification right,problems such as difficulties in the implementation of the qualification right and no remedy for infringement have arisen in practice.Once any right cannot be protected by law,it cannot be called a right.The construction of the qualification right system is of positive significance in theory and practice for further developing the "separation of three rights" of homestead.The main body of this article consists of three parts:The first part is the policy background of homestead qualification right and the current practice situation in typical pilot areas.Through combing the policy documents related to the qualification right,the policy implications and system objectives are interpreted.The practice of five typical pilot areas in Yiwu,Zhejiang,Pingdu,Dali,Guizhou,Meitan and yujiang county,Jiangxi was sorted out.The policies introduced and implemented in the homestead reform in the above areas were analyzed,and the specific practices in the identification of qualification subjects and the realization of rights were sorted out.The second part summarizes the difficulties existing in the pilot practice and their institutional roots.First of all,it summarizes the differences existing in the pilot practice of homestead reform in various places in terms of the relationship between homestead qualification right and homestead use right,the content of qualification right,the subject of qualification right,etc.Then,tracing back to the source,the paper analyzes the system problems that caused these differences,including: the unclear legal nature and connotation of the qualification right,the lack of unified standards for the identification of members of collective economic organizations,the unclear definition of the concept of "household",the defects in the rural residential security system,the homestead management system,and the contradiction between the legal provisions that may infringe the qualification right.The third part puts forward countermeasures and suggestions to resolve the practicaldifficulties of the qualification right system.There are seven aspects in total: first,to clarify the legal nature of homestead qualification right;The second is to clarify the right connotation of homestead qualification right;The third is to optimize the main body identification standards and management methods;The fourth is to perfect the procedure of determining the right of homestead qualification.The fifth is to broaden the way and scope of exercising the qualification right;The sixth is to explore the voluntary withdrawal mechanism of qualification right steadily.The seventh is to improve the security system of homestead qualification right.