Research On The Construction Of “Three Rights Of Rural Residential Land”

At present,the "two rights separation" system of residential bases in China can no longer meet the current realistic needs of rural development,and the policy of "three rights separation" of residential bases has come into being.How to translate the policy in the central document into legal language is the direction of this paper.At the theoretical level,there is the problem that the effectiveness of the right to use residential bases as a usufruct right is limited,and at the practical level,the problem is mainly manifested in the large number of idle residential bases,the widespread problem of illegal transfer of residential bases and the frequent disputes over the transfer.The policy connotation of "three rights to residential bases" is that on the basis of adhering to the ownership of residential bases,the security function and property function can be realized by improving the right to use residential bases and the lease right.The pilot practice of "three rights separation" reform of residential bases in Dongzhi,Anhui Province,Fengxian,Shanghai and Helan,Ningxia has its own characteristics and effects,but there are also ownership deficiency,lack of guarantee of "qualification rights" and "use rights".There are also reform dilemmas such as ownership deficiency,lack of guarantee of "qualification right" and restriction of "use right".The reform of the "three rights to residential bases" should be carried out under the inherent constraints of the Constitution,and the creation of new rights on the basis of the right to use residential bases can not only ensure the exclusivity of the right to use,but also realize the market-oriented allocation of residential base resources.The construction of the right of ownership,right of use and right of lease of residential bases is in line with the inherent requirement of the principle of one property and one right,and can realize the principle of equal protection of property rights and the principle of integration of land and housing.The specific right construction of the "three rights" of residential bases should optimize the collective ownership of residential bases in three aspects,namely,clarifying the main body of ownership,guaranteeing the management and income rights of village collective economic organizations,and further improving the "qualification rights" of residential bases.The "right of use" of residential bases should be regulated,and the circumstances of its application should be distinguished,the scope and duration of its transfer should be clarified,and the transaction price evaluation mechanism should be improved.