A Study On The Reconstruction Of The System Of Separation Of The Three Rights Of Residential Land

In the process of urban-rural integration,land for urban construction is tight,but a large number of rural residential bases are left unused,and there are cases of multiple households and excessive areas,and there are serious cases of private transfers by farmers and constant disputes.In 2018,the Central Government proposed to explore the separation of the "ownership","qualification" and "use" of rural residential bases,based on the practical experience of rural residential base reform.Under the current legal system,how to translate the central policy documents into concrete legal system construction is the focus of this paper.Apart from the introduction and conclusion,this paper consists of the following four parts:The first part first analyses the general situation of China’s residential land system,which is characterised by the separation of the two rights of "collective ownership and farmer’s right to use" and is closed in nature.This is followed by a policy analysis and a study of the legal basis to grasp the right direction for reform.The second part analyses the practical dilemmas and rights dilemmas of China’s residential land system and their causes to arrive at the need for reform.The third part uses comparative analysis to analyse the strengths and weaknesses of the four models of rights construction that have been highly advocated in academic circles and the four typical models of practice in pilot areas,and then proposes a concept for the realisation of reform.In the last part,specific institutional construction models are proposed.In the author’s view,the "ownership-membership-usufruct" rights construction model of the separation of the three rights of residential bases has the greatest reference value for the reform of the separation of the three rights of residential bases,specifically,the right to use the residential bases is defined as a purely usufructive right,with property rights.In particular,it defines the right to use a residential land as a pure usufruct right,which has property attributes,while the farmer’s qualification right,which is separated from the right to use a residential land under the current system,assumes its social attributes and belongs to the status attribute.Combining theory and practical experience,the following concrete measures are proposed for shaping the legal system: consolidating collective ownership rights,improving the rights to dispose of,benefit from and supervise collective ownership rights;safeguarding farmers’ qualification rights,clarifying the acquisition mechanism,withdrawal mechanism and registration system of qualification rights;revitalising the right to use residential land,determining the nature of the right according to its use,with residential land use rights for residential use and collective business construction land for business use.The nature of the right is determined according to its use,with residential use being the right to use the land for residential purposes and business use being the right to use the land for collective business purposes.