Research On The Legal Issues Of Withdrawal Of Homestead Use Right Under The Reform Of "Three Rights Separation"

The contradiction between the large number of idle rural homesteads and the increasing shortage of urban construction land urgently calls for the adjustment of a complete withdrawal system for the use of homesteads.The pilot reform of the homestead system carried out in2015 and the theoretical innovation of the "three-rights separation" of the homestead system proposed in 2018 have provided a wealth of practical experience and new theoretical directions for the reconstruction of my country’s homestead system.The rights of rural homesteads have undergone structural changes from the “two rights model” to the “three-rights separation”.Under this reform,the withdrawal of the right to use homesteads should be reconstructed as the qualification of farmers after they have withdrawn from the right to use homesteads On the basis of whether the rights are eliminated,the remaining rights after the deduction of the qualification rights for traditional homestead use rights are withdrawn.Through the investigation of the "urban and rural new community agglomeration construction + land collection coupon" model in Yiwu,Zhejiang,the "help poverty alleviation + exit compensation + multiple rewards" model in Anhui Jinzhai,and the "flower arrangement + land purchase and storage + land for the elderly" model in Pingluo,Ningxia It also analyzes and summarizes the new problems and new approaches explored under the reform policy of the "three-rights separation" reform policy with respect to the withdrawal of the right to use homesteads.The uncertainty of the connotation of the "three-rights separation" policy and the lag and fragmentation of the legislation for the withdrawal of the right to use homesteads make my country’s homestead use right withdrawal system lack a higher level of commanding norms,and there is a serious lack of legal support;The inadequate connection between the“separation of powers”policy and the current homestead legislation has led to disputes not only in the interpretation of legal terms,but also in the application of certain basic principles.Monetary compensation is still an indispensable form of compensation for the withdrawal of homestead use rights under the reform trend of diversified compensation forms.With the continuous expansion of the withdrawal scale of homestead use rights,the problem of gaps in compensation funds has become more and more serious;and,The unscientific scope and standard of withdrawal compensation and the long-term neglect of land development rights on homesteads have further led to the imperfection of the compensation system for the withdrawal of homestead use rights.The withdrawal of homestead use rights is a complicated process of rights changes.Its smooth progress requires the supply of a sound supporting mechanism.The incomplete supply of supporting mechanisms for the withdrawal of homestead use rights is an important reason for the numerous obstacles encountered in the withdrawal of homestead use rights in various pilot areas.The farmers’ collective and its members’ rights subject status as determined by the “Three Rights Separation” policy on homesteads are lacking.The local government’s leading homestead use right withdrawal has become the mainstream in practice,and the practice of homestead use right withdrawal and the “Three Rights Separation” There are contradictions in the establishment of the policy.In addition,the incompleteness of the relevant social security system is a major problem that has existed since the establishment of the homestead use right withdrawal system.In order to ameliorate the homestead use right withdrawal system in the background of the "three-rights separation" reform,we must first improve its top-level design,that is,to clarify and institutionalize the basic issues of the "three-rights separation" policy,and at the same time improve the multi-level homesteads The right of use withdraw from the standard system;secondly,to improve the compensation system for the withdrawal of the right to use the homestead,it is necessary to innovate the form of compensation for the withdrawal of the right to use the homestead,expand the source of funds,reasonably determine the scope and standard of the withdrawal of compensation,and consider the withdrawal derived from the land development right.The value-added income of the homestead;and to improve the withdrawal system of the right to use the homestead,the system supply of related supporting mechanisms should be improved.In addition,in accordance with the theoretical requirements of the "three-rights separation" policy,a homestead use right withdrawal model of "collective leadership + villager autonomy + government management" should be established to achieve the unity of policy requirements and specific practices.Finally,according to the specific place after the farmers withdraw the right to use the homestead,we should analyze the types of farmers who have retired,and determine different social security measures.At the same time,conditionally apply the withdrawal mechanism of the right to use the homestead to further protect the rights and interests of farmers.