Research On "Moderately Liberating" The Right To Use Homestead Under The "Separation Of The Three Powers"

Moderately releasing the right to use the homestead is intended to break the contradiction between the housing security of the homestead and the value function of land property,and its basic connotation lies in defining the boundary between "moderation" and "release"."Moderation" lies in delineating the legal boundary for "freedom" and defining the requirements of balance,stage and difference of the right to use the homestead."Liberalization" lies in exploring the mode of homestead participating in market trading mechanism,and broadening the subject,mode and scope of circulation of homestead use right.Through the analysis of the measures taken in the pilot areas to liberalize the right to use the homestead,we can learn from the beneficial experience of the reform.The key to moderately releasing the right to use the homestead is to clarify the nature of the qualification right and the right to use the homestead and their relationship.From the perspective of the exercise of rights,on the basis of adhering to the existing legislative position that the right to use homestead is usufructuary right,the qualification right is positioned as a new type of usufructuary right,which promotes the balance between housing security and property rights of homestead.Moderately releasing the right to use the homestead needs to be built by giving farmers more power to use the homestead,clarifying the legal boundary,highlighting the autonomy of private law and land registration system,and ensuring it by building specific ways such as market circulation,withdrawal and supervision mechanism of the right to use the homestead.Overall,this study is mainly divided into five chapters,which are as follows: The first chapter is the introduction,which expounds the background,significance and research status at home and abroad.The second chapter is an overview of the right to use the homestead under the "separation of powers".Firstly,it expounds the background of the reform of "separation of three powers" and the proposal of "moderately freeing" the right to use the homestead;On this basis,the paper interprets the policy around "moderation" and "liberalization",and makes clear the goal and practical significance of "moderation".The third chapter is the pilot investigation and analysis of "moderately freeing" the right to use the homestead under the "separation of powers".Based on practical experience,this chapter systematically combs the practices of three typical pilot areas of homestead reform,summarizes the advantages and disadvantages of various modes of "moderately freeing" the right to use homestead in the pilot areas,and paves the way for the following analysis of the nature and relationship of "qualification right" and "right to use".The fourth chapter is the theoretical differences of "moderately freeing" the right to use the homestead under the "separation of powers".The qualification right is the premise of defining the property of the right to use the homestead.The main difference in academic circles is whether the qualification right is based on the membership right or the property right.Therefore,this chapter studies the nature of the qualification right and the right to use,and expounds the relationship between the three rights,focusing on the analysis of the construction of the three rights.The fifth chapter is the construction and concrete realization path of "moderately freeing" homestead use right system under "separation of powers".Through the above analysis of the reform pilot areas and the connotation of "moderate liberalization",combined with China’s actual and current legislative situation,the basic principles of "moderate liberalization" of homestead use right are obtained,and the corresponding system design is constructed on this basis.