Research On The System Of Homestead Qualification Right In China

Land under the influence of traditional Chinese culture is the root cause of farmers."Residents have their own houses" are the unremitting pursuit of Chinese children for thousands of years.The country always attaches importance to the development of rural areas.From 2004 to2023,the Central Document No.1 continued to focus on the field of "agriculture,rural areas,and farmers".Sexual construction land has achieved good results,and the biggest potential and stamina lies in the reform of the homestead system.Since the establishment of the new China,my country’s homestead system has undergone the development and evolution of the development of "property rights" to "separation of rights" to "separation of power" in different times.The qualification right of the homestead as a new right design in the perspective of the reform of the "three powers",its basic attributes and norms are not concluded,and related research needs to be deepened.Based on the existing theoretical research and practical exploration,this article uses various research methods such as empirical analysis,comparative analysis,and historical analysis to explore the path of building the qualification right in order to clarify the nature of right and improve the right system structure.Specifically,this article strives to explore the relevant legal issues of the real estate right system of the homestead.The framework and the main content are divided into the following six parts.The first part of the introduction mainly introduces the research background,research purpose and significance,literature combing situation,research content and methods of this article and the innovation and deficiencies of the dissertation.In the second part,by systematically sorting out the historical context of our country’s homestead system,combined with the institutional dilemma of idle climbing and the trading dilemma of farm houses,analyzing the introduction of the qualification right of the homestead to the exercise of collective rights,protecting farmers ’lives,and living in the residence of farmers’ lives,and Promote the connotation of the living effectiveness of the house.In the third part,through an empirical analysis of the reform experience of the reform experience of the reform experience of the reform experience of the reform experience of the reform of the current homesteads through the empirical experience of the reform of the reform of the current homestead,The major mainstream viewpoint pointed out the necessity and feasibility of the "membership right" of the qualification right of the homestead.The fourth part,combined with the theoretical and practical status status,focusing on the five realistic issues of the lack of legislative supply,the main definition of the main body,the different qualifications of members,different content awareness,and incomplete guarantee mechanisms faced by the theoretical and practical status.In the fifth part,take the lead in establishing the legislative model and principles that the right to qualify for the homestead.At the same time,the institutional defects proposed in the previous article,through the clarification of the subject of the right to attribute,optimize the standards of membership,fulfill the content of the rights,and improve the guarantee mechanism.In the large aspect,there are targeted proposal to improve the system of qualification right of the homestead.The sixth part of the conclusion is finally refined and summarized the logic,core content and main views of the full text.