| Land to farmers is an important property,farmers’ rights to land is also a concern about farmers’ right to survival and development,it is the most basic right in the structure of farmers’ power,is the basis and premise of other rights.In other words,the right to use homestead is an important land right in the land right bundle of farmers,which is related to the utility of the right to use it as a usufruct right.Under the background of overall urban and rural development and the "three-right division" of homestead put forward in document No.1 of the Central Committee in 2018,it is very important to make a systematic theoretical study on the circulation of homestead use right It not only helps to deepen the reform of rural land system,realize the optimal use of land,but also helps to safeguard farmers’ legitimate land rights and interests,increase farmers’ property income.This article from the current homestead use right circulation system facing the dilemma as the starting point of the study,first of all to the homestead use right circulation historical track trace,the academic circles on the homestead use right circulation several different views one by one,followed by the traditional mode of homestead use right circulation of the current situation of collation and induction,summed up the traditional mode of homestead use right circulation substantive problems.Secondly,combining with the policy put forward by the central government,this paper probes into the reform practice of the transfer of the right to use the homestead,and points out the difficulties in the reform practice of the transfer of the right to use the homestead.The problem.Thirdly,combining with the relevant requirements and norms of the reform of the three-right division of homestead,through the analysis of the practical path,this paper emphatically discusses the legal connotation of the right to use the homestead under the three-right division,redefines the connotation of the traditional right to use the homestead.Finally,based on the reform experience of the transfer of homestead use right under the traditional mode and the separation of three rights,combined with the problems and obstacles in the process of homestead use right circulation,this paper tries to give some suggestions and plans,that is,to reposition the homestead qualification right,and at the same time suggests that the scope of homestead use right circulation can be expanded,and to establish a perfect rural housing security system.With a view to homestead use right circulation system can better play its due role to realize its real legal value and social value. |
