The Legal Realization Of The Right To Use Homestead Under The System Of "Three Rights Divided" Path

As the land system of our country,agricultural land use system has experienced70 years of development.The report of the 19 th CPC National Congress elevates rural revitalization to a strategic height Agriculture and rural issues have been paid more and more attention.With the rapid integration of urban and rural development,it not only attracts the economic and social development of the urban areas,but also the broad rural areas in our country,socio-economic development is also changing.However,Since the reform and opening up,due to the position of industrial development in the national strategy,the urban-rural dual structure is becoming more and more obvious,and the rural development is lagging behind.The No.1 Document of the Central Committee of the Communist Party of China put forward the land use system innovation to meet the needs of the new situation.This study is divided into four chapters.The first chapter discusses the establishment of the system of agricultural land use right.Since the founding of New China 70 years ago,China’s land system,especially the cultivated land system,has experienced great changes from formation to development.The practice of farm ownership and usufructuary right has certain characteristics.Southwest University of Political Science and Law,2019.In the 73 years from 1949 to 2022,the theoretical circle divides the evolution history of homestead system into three different stages according to the change of homestead system.Therefore,according to the main characteristics and time nodes of each stage,the theoretical circle divides it into three stages,namely the "peasant ownership" stage,the rural collective farm ownership stage and the three historical stages.In the stage of "separation of two rights",the "three rights" are separated: ownership,use right and qualification right.The second chapter is the realistic dilemma and legitimacy analysis of the usufruct system of homestead.Since the reform and opening up in 1978,amazing changes have taken place in our country both economically and socially.However,due to the fragmentation of urban and rural structure caused by the process of urbanization,agricultural land system is ineffective.Rural hollowing,aging phenomenon is serious.As the dependence and spiritual support of floating farmers,rural development cannot provide visible economic benefits for most farmers in the changing times.Meanwhile,in practice,disputes over farm access have intensified year by year.In order to meet farmers’ yearning for a better life,farm management is more unified,and farm system reform is imminent.Chapter three is the path of modernization of land use legal system.When analyzing the agricultural system reform in the pilot areas,it can be seen that promoting the agricultural system reform is conducive to realizing the coordinated development of urban and rural areas,and has very important significance.In addition,the modernization of the farm rational use system will help improve the efficiency of farm use.It is hoped that the modernization of usufruct system of homestead can broaden the way of separation of three powers.The fourth chapter is the protection and relief in the process of modernization reform of perpetual usufruct.This paper analyzes the problems existing in the current agricultural land protection and assistance mechanism,focusing on further improving and clarifying the rights of individual farmers and improving the channels of providing agricultural land assistance under the premise that the right to use agricultural land can be traded.From the interpretation of "Civil Code","Land Management law","Rural revitalization law" and other laws and regulations,it further correctly expresses the relief mechanism of the right to use agricultural land.