Discuss The Legal Definition Of Homestead Qualification Right From The Policy Practice Of "Separation Of Three Rights"

Since 2018,the central file no.1 proposed to explore the homestead ownership,qualification,use right "separation" and safeguard homestead farmers qualification and farmers housing property rights,after the policy documents repeatedly proposed to speed up the homestead qualification system,strengthen the homestead "separation" implementation form of effective exploration.Housing qualification system is currently in the pilot stage,in the practice of the pilot areas,homestead qualification in the legal relationship between the homestead ownership and homestead right boundary of the judgment of the differences,the nature of the homestead qualification and the main definition in academic circles is controversial,although in recent years the central policy frequently emphasizes the homestead qualification of the relevant content,but in the overall rights system is relatively backward,the pilot areas,the regulations is scattered,cannot really guarantee qualification effective promotion and implementation.Starting from the no.1 document of the central government,through the interpretation of a series of policies of the central government,combined with the typical domestic homestead practice cases,this paper summarizes the practical problems existing in the practice of the homestead qualification right,and puts forward the views of this paper.First of all,on the legal relationship between homestead "separation",from the overall structure,homestead qualification is equivalent to the middle bridge will collective ownership and the right to use,up to undertake collective ownership,under the premise,it is from the side to the balance between the homestead collective ownership and the right to use.The first chapter of this paper clarifies the functions of the "three rights" of homestead,On this basis,the mutual relationship between the "three rights" is defined;next,For the nature of the right of the homestead qualification right,It was both carefully proposed by the central document,It should be defined as a new type of separate interest,It should not just be regarded as a separation of the identity attribute of the use right in the previous two rights structure,Regarding the debate that the right of homestead qualification is enjoyed by farmers or by members of collective economic organizations,This paper holds that the view of the members of collective economic organizations is more rigorous and standardized,With a more powerful universality and practical operation,Therefore,the second chapter of this paper first lists the nature of the qualification right and the controversial views of the subject,Then the point of view in this paper is proved;last,The right system for the homestead qualification right is not clear,The problem of scattered policies,The last chapter of this paper will start with three issues: the acquisition,registration and withdrawal of homestead qualification rights,Focus on discussing the exclusive right system of homestead qualification right,We will help accelerate the formation of a sound legal guarantee system for homestead qualification rights.This paper hopes to clarify the boundary of the qualification right of homestead at different levels by determining the boundary of the first chapter of the legal relationship between the "three rights" of homestead and the nature and the connotation of the homestead qualification right in Chapter two.On this basis,with the homestead qualification,registration and exit the three problems as the key point,build up the homestead qualification of exclusive rights system,in order to promote the qualification policy implementation and perfect,promote the thorough development of homestead "separation separation" reform,to revitalize the homestead resources make meager contribution in theory and practice.