Research On Legal Realization Of Homestead Qualification Right

In the early days of the founding of the country in the middle of the 20 th century,China’s economic development was slow.The main function of the homestead system at that time was to enable farmers to live in places where they could be self-sufficient and provide them with basic survival guarantees.In recent years,with the continuous growth of economic development,the trend of urbanization has intensified.A large number of villagers have rushed to the cities,the agricultural population has gradually decreased,and a large number of homesteads have been left idle.This has caused the country to attach importance to rural land reform.Since 2015,the state has set up a large number of county-level pilots across the country to try to relax restrictions on the transfer of rural land.This can be seen as the state’s official sounding of the horn of rural land economic reform.After the Communist Party of China proposed the strategy for rural rejuvenation at the 19 th National Congress held in 2017,our country combined the practical experience of the past two years and put forward the requirements for further improving the allocation between rural property rights and factor markets in the 2018 Central Document No.1.Our country attaches great importance to the activation of the balanced relationship between rural idle homesteads and the protection of villagers ’housing,further clarifies the concept of eligibility rights.This breaks the discordant relationship between villagers’ protection rights and property rights,and paints the prototype of a new type of homestead rights system.The new policy and guidelines for the "separation of three powers" in house sites were clarified.This design is an innovation system with local and national characteristics formulated by the country on the basis of extensive practical experience,and has greatly promoted the development of rural economy.According to normal logic,after the concept of qualification right is put forward,it should further study its basic theories such as connotation and power,so that the theory of qualification right can be clarified and ruled by law,the "three rights separation" policy can be implemented at an early date.Therefore,the author starts from the reform process of homestead to elicit the "three rights separation" policy,and clarifies the important research value of qualification rights.Later,the author carried out research by consulting a large number of books and documents,combing the current laws and regulations related to rural land in China,visiting relevant villages and towns,and conducting field surveys and other methods.In addition,the author also draws on some valuable foreign experience and uses specific practical experience as a guide to analyze the predicament of the legal realization of the right to qualification by using literature analysis,interdisciplinary research,and examples.On this basis,the author attempts to design the theoretical framework and supporting system of qualification rights.This article is divided into six parts and counts about40,000 words.