Study On The Mechanism Of Realizing The Right To Use Residential Land In The Context Of Separation Of Three Rights

In order to realize farmers’ security of residence and to meet the demand for land in the specific context of the times,the Land Management Law strictly restricts the transfer of the right to use residential bases.With the high development of industrialization and urbanization,a large number of rural people have moved to cities for work or even settled in cities,and the resident population in rural areas has decreased,so farmers’ demand for residential security has weakened and their demand for realizing the property rights of residential bases and farm houses has increased.2018 Central Government No.1 Document proposed the "three rights of separation and disposition" of residential bases on the basis of the experience of pilot areas,and in several central policy documents and series of speeches since then,it has emphasized the deepening of the implementation of the "three rights of separation and disposition" reform of residential bases.Since then,many central policy documents and a series of speeches have emphasized the deepening of the implementation of the "three rights separation" reform of residential bases.The reform of "three rights separation" of residential bases is the development direction of the future residential base reform,but there are theoretical controversies over the reform direction and the realization path of the right to use under the "three rights separation" of residential bases,and there is no replicable model of operation in the pilot practice.In the pilot practice,no replicable model has been formed.From the perspective of the institutional evolution of residential bases,the special public rights,the characteristics of free acquisition and open-ended use,and the special social functions of residential bases,combined with the policy implication of the "separation of three rights" of residential bases,a comprehensive analysis of the right of use system can be found that the right of use of residential bases cannot be transformed into a complete market yet,and the social security system in rural areas is not yet perfect.At a time when the social security system is not yet perfect,security of residence is the bottom line of the reform of the residential land use right system.However,in order to respond to the real demand and achieve the goal of revitalizing the residential land,measures should be taken to revitalize the right of use and achieve a balance between the functions of security and property.Therefore,the overall idea of institutional realization of the right of use of residential bases in the context of "separation of three rights" is to "moderately revitalize" the right of use.The so-called "revitalization" of the right to use is to allow the right to use to flow appropriately and introduce social capital appropriately,so as to achieve the purpose of resource revitalization.First of all,we should separate the right of use from the right of qualification and reform the right of use,purify the right of use through the term limit and paid use system,solve the identity dilemma on the right of use,and completely transform the right of use into the right of property,so that the right of use after renewal and reform can be transferred with the farmhouse in the expanded area.At the same time,the surplus residential base indicators can be transformed into collective business construction land for unified use,increasing the channels to obtain income."Moderate" should be restricted on the basis of open circulation,control the degree of openness of use rights,and prevent the occurrence of social risks.Collective ownership and membership rights should be used to restrict the flow of use rights.The system should be designed to guarantee residence as the bottom line,constructed to set the identity threshold of the person who transfers the right to use,the right to use and the right to use the house bases used after the external transfer is restricted by the duration and use,and constructed the system for farmers to regain their right to use the house bases transferred out based on collective membership,etc.,to realize the change from the expression of the form of policy documents to the expression of law,so that the smooth landing of the policy.