Research On The Inheritance System Under The "Separation Of Three Powers" Of Homestead

Under the policy of"separation of three rights",the development of rural land has become a relatively new topic,and the rights of rural homesteads have also received attention.With the continuous improvement of the economic level,various attributes of homesteads have been gradually discovered,and the issue of homestead inheritance is worth discussing.The homestead system has gone through a long history.The area of collectively-organized land occupied is accumulatively expanding,and rural villagers are constantly moving towards urban development.The phenomenon of vacant homesteads is commonplace and the land utilization rate is low.Many peasants have changed to urban household registration after entering the city,and inheriting the homestead is not in compliance with the law.Farmers who have not entered the city may own multiple homesteads due to inheritance,which conflicts with the "one household,one house" rule.Therefore,the definition of homestead ownership,qualification rights,and use rights is crucial to the construction of the homestead inheritance system.Through the three rights of homestead,the homestead inheritance system is rationalized and fair,and the legal differences related to homestead inheritance are resolved.Conflicts,allowing judicial trials to be governed by law,and strengthening the supporting security system after the inheritance of homesteads are of great value.This paper is devoted to exploring how to solve the legal system problem of homestead inheritance under the separation of powers.By sorting out the legal policies of homestead,summarizing the pilot methods,analyzing the specific legal system problems of homestead inheritance,drawing on domestic and foreign experience,it proposes to improve the homestead Suggestions on the inheritance system of the homestead and the system guarantee after the inheritance of the homestead.Specifically,this paper is mainly carried out through the following parts:firstly,it organizes the development process of the separation of three rights,obtains the functions and advantages of the three rights of the homestead under the separation of rights,and analyzes the legal theory of the inheritance of the homestead.Based on this,sort out the legal regulations and policy implementation related to the inheritance of homestead.Secondly,through the case of homestead inheritance,it expounds the problems existing in the homestead inheritance system under the separation of powers,mainly including conflicts between laws and practices related to homestead inheritance,unclear definition of homestead rights and long service life,and The homestead inheritance mechanism is not perfect,etc.The second is to learn from domestic and foreign experience,analyze the land taxation and circulation systems of the United States,Japan,and the United Kingdom,provide experience for the improvement of the system after the inheritance of homesteads in my country,analyze the application of the homestead system in Taiwan,and improve the succession of homesteads.Exit safeguards for farmers.Finally,it provides relevant suggestions on the homestead inheritance system.Specifically,first,at the legal level,the qualification rights and use rights of homesteads should be clearly separated,and it should be determined that there are houses on the homestead that can inherit the right to use the homestead..Second,standardize the scope of the right to qualify and use the homestead,and clarify the content of the relevant rights inherited by the homestead.If you want to quit,give a reasonable partner,set up an agency for the withdrawal of the homestead,and implement the supporting procedures after the homestead is inherited.