Study On The Legal Issues Of Rural Homestead Use Right Circulation Under "Dividing The Three Rights"

The rural homestead system affects the safety plan of the vast rural population in our country,and also relates to the realization of the rural social security function.China’s current legal system strictly restricts the transfer of the right to use homestead to prevent farmers from losing their housing security due to the transfer of homestead.With the development of China’s economy,the reform of land system and the implementation of rural strategy,the transfer of the right to use homestead has gradually become an important part of the reform of homestead system.In 2018,"No.1 Central Document" formally proposed the reform of "separation of the three rights" for homestead.The reform of "separation of the three rights" promotes the circulation of the right to use rural homestead,and the circulation of the right to use rural homestead consolidates the reform strategy of "separation of the three rights".Under the background of the reform of "separation of three rights",on the basis of clarifying the concept of the transfer of the right to use the homestead,this paper demonstrates the feasibility of the system of the transfer of the right to use the homestead in rural China,and explores the difficulties existing in the process of the transfer.The main manifestations are as follows: the historical problems of "multiple houses in one household" and small property right house;the term of use right is not consistent;the mortgage financing system of the use right of homestead is not perfect;and the registration system of use right is not perfect.To solve these problems,put forward the corresponding solutions: to remove the identity attribute more in the field of private law to regulate the use right of the land,to redefine the scope of the rural land circulation,improve the registration of land circulation system,build system of paid use of land,perfect the exit land compensation mechanism,establish the land circulation platform,and improve the mechanism of value evaluation of housing land use right and perfect the safeguard mechanism of the land use right.This paper mainly uses value analysis method and case analysis method.To solve the problems in the process of housing land use right transfer response to legislation and institutional Suggestions,including the right to use house sites under the "division" and separation system should follow certain principles,policies and regulations to rise to the legal level,ensure that not infringe on the premise of farmers’ rights and interests to devolve to live after the transfer of land use right,make the standard of peasants’ lives and income continuously improve,so as to realize rural revitalization strategy.