The Dilemma And Improvement Of Homestead Right System

Compared with other land types,the rights structure of the homestead right system and the relationship between the rights are more complex,and it is constantly attracting discussion and exploration in the theoretical and practical circles.Here,we analyze and understand the homestead rights system mainly from the three rights and their relationships of homestead ownership,homestead use rights,and homestead qualification rights.Therefore,through the study of the homestead rights system,this paper uses to explore its current predicament,and by digging deep into the causes of its predicament,it finds its future improvement path,so as to improve the existing homestead system.Legal framework to promote the realization of farmers’ land property rights.In the overview of the homestead rights system and the research,formation and development part,it is clarified that the structure of the homestead rights system is mainly centered on the right to use the homestead,with homestead ownership and homestead qualification rights as supplementary forms.The evolution process of the homestead rights system is divided into five stages,namely the preparation stage,the initial formation stage,the gradual construction stage,the mature stage and the development stage.Starting from the changing trajectory of the homestead rights system,further exploring its inherent logical route is conducive to solving the dilemma of homestead in practice and promoting the orderly use of land.With the continuous development of the homestead rights system,the security function of the load on the homestead has gradually been unable to meet the needs of farmers,and its property function accounts for an increasing proportion.To this end,my country has carried out pilot practices in various places to promote the reform and development of the "three rights separation" rights system for homesteads.But in practice,the system of homestead rights has encountered practical difficulties in different aspects.The main reason is actually the result of various factors such as the state,society and economy,and it is also the other side of the progress of the times.In terms of solutions,firstly,by implementing the ownership of the homestead,the realization of the qualification right and the right to use the homestead is further guaranteed;secondly,by strengthening the legislative design of the qualification right,the law that makes the members of the collective economic organization as the main body of the homestead qualification right is clarified.status,improve the withdrawal from the legal system,and refine the legal framework of the homestead qualification right from the perspective of legal realization;finally,in the activation of the right to use,efforts are made to find a balance between the security function and the economic function of the homestead.By opening the access qualifications,building a trading market,revitalizing the circulation mode and strengthening the implementation of administrative management,and through the balance point of market regulation and administrative regulation,the orderly development of the homestead rights system will be promoted.