Research On The Legal Issues Of Land Tenure Rights Under The "Separation Of Three Rights" Of Homestead

The land tenure rights is an important land right unique to China,and its development and reform are of great importance to the whole country.2018 Central Government Document No.1,"Opinions of the Central Committee of the Communist Party of China and the State Council on the Implementation of the Rural Revitalisation Strategy",proposes to explore the "separation of ownership,qualification and use rights" of residential bases,guiding the direction of the reform of the residential base system and playing an important role in revitalising the resources of residential bases in various pilot regions.This has guided the direction of the reform of the residential base system and played an important role in revitalising residential base resources in the pilot reform regions.As the core content of the right bundle of residential bases under the "three rights of separation",the academic community and the pilot regions have reached a consensus on issues such as the attitude of transferring the land tenure rights after the separation and the value of the land tenure rights,as the research and study on the land tenure rights after the separation are still in the initial stage,the academic community and the pilot regions have reached a consensus on the land tenure rights after the separation.However,as the exploration and research on the right to use post-subdivision residential land is still in its initial stage,there are some ambiguities and controversies in the academic circles and various pilot regions regarding the realisation of the right to use residential land after subdivision,such as the specific realisation of the nature of the right to use residential land after subdivision,transfer,inheritance and so on.Based on this,this paper focuses on the conceptual definition,legal attributes,legislative issues and practical pilot projects of the right to use residential land after subdivision,with a view to improving the legal regulation and practical mechanism of the right to use residential land under the "three rights of subdivision".In addition to the introduction,this study is divided into five parts.The first part is the institutional evolution and rights structure of the "separation of three rights" of residential land.The evolution of the residential land system can be divided into the stages of single ownership,"separation of two rights" and "separation of three rights" according to the structure of rights,and the "separation of three rights" reform of residential land can be seen from the evolutionary process.The structure of the right to residential land under the "separation of three rights" is ownership,qualification and use of residential land,with the specific functions of ownership,protection and relief,and occupation and use respectively.The second part is the concept and nature of the land tenure rights under the "separation of three rights".As the right to use residential land under the "separation of three rights" has a new mission and value,it will inevitably be different from the concept and nature of the right to use residential land under the existing "separation of two rights",and the right to use residential land after the separation should be defined as a right to occupy,use and benefit from the residential land,In terms of specific uses,the right to use the residential land should break away from the restriction that only the residential land and its ancillary facilities can be built,including all legitimate uses in line with rural planning and customs and traditions.The third part is a study of the legislation on the land tenure rights under the "separation of three rights".This section examines the current legislation on the right to use residential land in accordance with the logic of acquisition,transfer and withdrawal of rights,and draws conclusions on the legal problems of the current right to use,which are mainly reflected in the difficulties in defining the subject of acquisition of the right to use residential land,the need to improve the acquisition procedures,the need to clarify the scope of the object of transfer and the imperfect grounds for withdrawal.The fourth part is a practical investigation of the right to use residential land under the"separation of three rights".Typical pilot projects such as the transfer of residential land use rights(into the market)in Yi wu,the lease of residential land use rights in Dali and the"co-construction and sharing" of residential land use rights in Luxian are selected for investigation,which leads to the conclusion that the practice of "separation of three rights This section examines some of the problems that exist in the practice of residential land use rights under the "separation of three rights": the lack of a trading platform,the imbalance in the distribution of proceeds from the transfer of residential land use rights,and the lack of a monitoring mechanism for the transfer of residential land use rights.The fifth part is the path to improve the right to use residential land under the "separation of three rights".This part is a response to the legislative and practical problems of the land tenure rights under the "separation of three rights".The first three sections respectively put forward targeted suggestions on the legal issues of acquisition,transfer and withdrawal of the right to use residential land,specifically,acquisition: reasonable definition of the subject of acquisition,improvement of acquisition procedures,and clarification of the cost and duration of acquisition;transfer: improvement of the legal regulation of transfer,clarification of the objects of transfer,and improvement of the transfer procedures and rules of change of rights;withdrawal: improvement of the grounds for withdrawal,and improvement of the withdrawal guarantee procedures.The last section puts forward targeted suggestions on the practice of residential land use rights,specifically: establishing a transaction platform for transfer,improving the distribution of transfer proceeds,etc.