Study On The Legal Issues Of Rural Residential Land Qualification Rights

From the very beginning,the residential land system has played an important economic and political role in ensuring the basic survival and livelihood of farmers and stabilizing the social order.From the beginning of the "separation of two rights" pattern to the present exploration of "separation of three rights",the house base system has been driven by the need to adapt to economic development in order to meet the modernization of rural society.Since the original model of "separation of two rights" can no longer meet the needs of the transfer of the right to use the residential base,and the accumulated problems of a large number of idle houses on the residential base,multiple homes for one family and underutilized rural residential resources are becoming more and more significant,so in 2018,the Central Government No.1 document formally proposed the residential base " The newly proposed concept of "farmers’ eligibility rights" in the document fails to find similar expressions in existing laws and lacks the theoretical basis to raise it from policy language to legal expression.Therefore,the analysis and exploration of the attributes of the rural residential property rights has become the first important issue to be solved in the reform of the "three rights of separation" of residential property bases;since the first pilot areas of rural residential property bases have carried out the reform practice,the pilot areas have accumulated a lot of experience on the acquisition,rights,registration and withdrawal of the rural residential property rights.This study focuses on this part,carries out the overlapping test of practical experience and academic theory,analyzes and summarizes each of the above points,and puts forward corresponding countermeasure suggestions.In addition to the introduction,this study can be divided into four main parts.In the first part,the attributes of rural residential land qualification rights are identified.Starting from the academic debate on the attributes of qualification rights,after sorting out and evaluating the three types of mainstream attributes of qualification rights,and finally returning to the practical review,this study believes that the qualification rights of rural residential bases should be a kind of composite rights with both property and identity attributes,which are derived from the membership rights of rural collective organizations.The second part is the analysis of the practice in the pilot areas of the "three rights to residential bases" reform.Through collecting,interpreting and comparing the information disclosed on government websites,this study analyzes the pilot situation of qualification rights of residential bases in several regions,such as Yiwu in Zhejiang,Dingzhou in Hebei,and Qiantang District in Guangxi,and analyzes and compares the different interpretations and standards of qualification rights in each pilot region in terms of the acquisition of subjects,identification criteria,delineation of rights,identification institutions,and registration institutions,so as to provide an authoritative source of practical data for the exploration of qualification rights of rural residential bases.The study provides an authoritative source of practical data.In the third part,the problems in the practice of rural homestead eligibility rights are summarized.Through the results of the inductive analysis of the previously obtained pilot situations,this study analyzes the shortcomings and obstacles of the current rural home base eligibility rights reform in practice,and explains the hazards that will result from each obstacle separately.In the fourth part,corresponding suggestions are made for the problems existing in the practice of rural home base qualification rights.For example,regarding the problem that the subjects of acquiring qualification rights of rural residential bases are not uniform in local practice,this study believes that the qualification rights should be constructed in a way that the subjects of acquiring rights are separated from the subjects of exercising rights,with collective members as the subjects of acquiring rights and households as the subjects of exercising rights in applying for the allocation of residential bases,so as to smoothly undertake the ownership of residential bases and articulate the right to use residential bases.In this study,it is considered that the household registration should not be the only basis for determination,but the household registration can be an important reference,and the substantive elements such as rights and obligations,sources of living and whether the residence base is needed as a guarantee for living are also used as the criteria for determination.This part discusses not only the acquisition of rural residential property rights,but also the delineation of their rights,registration system,and the improvement of the withdrawal system.