Research On The Security Of Homestead Qualification Right

As a natural and limited means of production,the effective use of rural land is always closely related to the improvement of farmers’ life quality and sense of well-being.As the bearer of social security function,homestead plays a key role in the process of rural land right reconstruction.At the present stage,referring to the relevant experience of the separation of three rights of contracted land,the reform of the separation of three rights of homestead is continuing relying on the implementation of the rural revitalization strategy,while the homestead qualification right,as a right gradually highlighted under the needs of practical reform and land right reconstruction,has shown obvious weakness in the demonstration and solidification of the nature of rights.At the same time,in the early stage of the construction of rights,the disputes concerning the right of homestead qualification are mainly focused on the identification of its right nature and specific legal expression.Although the current obvious claim is to identify the right of homestead qualification as the right of collective membership,the subsequent right reasoning logic and its connection with the right of homestead use and homestead ownership still need continuous discussion.Based on this,starting from the right itself,this paper has carried on the preliminary systematization of the homestead qualification right.Specifically,this paper discusses several issues related to the homestead qualification right from the following aspects.Firstly,from the nature of rights,combined with the basic definition of basic rights,right characteristics of homestead qualification right and related disputes,it can be found that the homestead qualification right at the present stage,as a combination of personal attributes and property attributes,has a very obvious nature of membership rights.Secondly,from the pilot practice including T village,identifying the homestead qualification right as the member right can better play the function of the homestead qualification right,so that this newly established right can be smoothly embedded into the existing land rights system.From the perspective of the basic rights and abilities of the homestead qualification right,this paper also attempts to summarize and discuss the specific rights from the perspective of both property attributes and personal attributes.In addition,based on the current problems in the pilot process of homestead qualification right,this paper discusses the causes of the problems from the perspectives of the source of homestead qualification right,starting from the relationship among the state,collective and farmers who are land rights holders under the background of public ownership of the means of production.And from the four aspects of constitutional logic,construction of legal system,perfection of legal system and concrete law enforcement guarantee,to provide a possible choice for the construction of the homestead qualification right and the reconstruction of rural land rights.