Study On The "Three Powers Separation" Of Rural Homesteads Under The Vision Of The Constitution

As the fundamental law of our country,the most important and core value of constitution is that it is the guarantee of civil rights.For farmers,homestead is the most important carrier for their survival and development,and the formation of homestead system is closely related to development and farmers’ life.China’s rural homestead system is a very Chinese characteristics of agricultural land system,and is also the basic system for the stable development of China’s rural society.With the continuous development of economy and society,more and more attention has been paid to the property value of rural homestead.The traditional rural homestead legal system of "separation of two rights" has been unable to meet the practical needs,restricting the development of rural areas to a certain extent and causing damage to the economic interests of farmers.In 2018,the No.1 document of the central government timely put forward the policy of "separation of the three rights" on homestead,that is,"implement collective ownership of homestead,guarantee the qualification right of farmers on homestead and the property right of farmers’ houses on homestead,and moderately release the use right of homestead and farmers’ houses".The "peasant household qualification right" is only a policy expression,not a right type clearly stipulated by the law,and cannot be connected with the existing legal system.Only by clarifying the nature,subject and content of the right,and providing reasonable legal protection,can the right better serve the homestead reform and lay the institutional foundation for the practice of homestead reform.The farmer’s qualification right on homestead is the bridge linking collective ownership and the right to use the homestead,and the realization of the farmer’s qualification right is a key link for the smooth advancement and achievement of the reform of "separation of the three rights" on homestead.Therefore,first of all,the nature of peasant household qualification right should be clearly stipulated.The author thinks that the homestead farmer qualification right is a kind of membership right.On the one hand,peasant household qualification right is separated by collective ownership,which is the continuation of collective ownership and bears the function of housing security.On the other hand,the peasant household qualification right is the premise of the smooth transfer of the use right of homestead,so it is reasonable to identify the peasant household qualification right as the membership right.Secondly,"peasant household" should be stipulated as the main body of peasant household qualification right.Members of rural collective economic organizations exercise the right of peasant household qualification in the unit of "households",including the right of claim for homestead allocation,the right of homestead use and earnings,the right of homestead withdrawal and compensation,as well as the right to know and participate in decision-making,and should register the right of peasant household qualification to make the property right of homestead more clear.Finally,it is necessary to guarantee the farmer’s qualification right from the legislative level and stipulate a variety of relief ways.In the process of exercising the right,the holder of peasant household qualification will face the problem of the infringement of the right,so it is necessary to set up a diversified right protection system from multiple perspectives.