| Since 2015,the pilot reform of rural homestead property right system carried out for seven years.From the reform practice,the ownership has been basically implemented with the completion of rural land ownership confirmation,but no substantive breakthrough has been made in the revitalization of use right and the guarantee of qualification right.Due to the time limit,there is no fundamental breakthrough in the transfer of use right compared with rural housing lease;There is no essential difference between the transfer of construction land index and the increase or decrease of urban and rural construction land index;The channel of transforming rural homestead into collective operating construction land into the market has not been fully opened;The guarantee of qualification right is still limited to rural collective economic organizations,Only a small number of pilot areas have tried to expand the scope of qualification right protection.which restricts the revitalization of use right;The reform practice aimed at realizing the property rights and interests of farmers’ homestead is not fully consistent with the institutional value goal orientation of the Rural Revitalization Strategy,and the " separation of three rights" reform of rural homestead is facing a bottleneck.Based on the problem-oriented,referring to the literature at home and abroad,relying on the contradictory movement theory of productivity and production relations,the theory of multiple forms of public ownership and the theory of institutional change,this thesis combs the process of the reform of the property right system of rural housing base by using the methods of combining history and logic,standardization and demonstration,and analyzes the rights subjects The relationship between various rights,the driving force and obstacles of institutional change.Clarify the key points of system improvement: the synchronous expansion of the revitalization mode of use right and the guarantee scope of qualification right.Based on the dialectical analysis of the relationship between the "separation of three rights" of rural homestead and rural revitalization,and compared with the general objectives and requirements of Rural Revitalization Strategy,this thesis puts forward countermeasures to improve the "separation of three rights" system of rural homestead.This thesis consists of eight chapters,which can be divided into four parts.The first part includes chapter one and chapter two.The first chapter introduces the background and significance of the topic,research content,research methods and research framework,and reviews the literature at home and abroad.The second chapter introduces the related concepts and theoretical basis of this thesis.The second part includes chapter three and chapter four,which analyzes the evolution and current situation of rural homestead property right system.The third chapter systematically combs the rural homestead property right system since the founding of the People’s Republic of China from the perspective of the changes of natural rights and real rights,and divides the changes of rural homestead property right system into five periods: the period of homestead privatization;the period of absolute dominance of ownership under collectivization;The period when the use right is owned by farmers and can be freely transferred;The use right belongs to the farmers,but the transfer period is limited;During the pilot period of "separation of three rights" reform of homestead.The fourth chapter analyzes the three typical practice patterns of the "Three Rights Separation" system of rural homestead,and points out the focus of their reform,the progress of reform and the common problems.The third part is Chapter 5 and Chapter 6,which analyzes the interest relationship and dynamic mechanism of the "Three Rights Separation" system of rural homestead.Chapter 5analyzes the relationship between the "three rights" of rural homestead ownership,use right and qualification right,the relationship between rural homestead and houses on the land,and the relationship between the rights subjects of rural homestead(government,villagers’committee and farmers),The evolutionary game model of the executor(government,village committee)and participant(farmers)of the "Three Rights Separation" system of rural homestead is constructed,and the numerical simulation test is carried out by using matlab program.The sixth chapter analyzes the driving forces and obstacles of rural homestead institutional change from the perspective of the combination of mandatory change and induced change.The fourth part is Chapter 7 and Chapter 8,An analysis of the dialectical relationship between the “Separation of the three powers”of rural homestead and rural revitalization,and puts forward countermeasures on how to improve the "separation of three rights" system of rural homestead.The conclusions are as follows:(1)in the change of rural homestead property right system,there are not only the change of natural rights caused by the change of policy and law,but also the change of real rights caused by rural economic and social development.When exploring the change law of rural homestead property right system,we should pay attention to the change relationship between natural rights and real rights.(2)In the "Three Rights Separation" system of rural homestead,the expansion of the revitalization mode of use right and the expansion of the guarantee scope of qualification right interact and influence each other.The government,villagers’ committee and farmers are the rights subjects of rural homestead.Although there is no fundamental conflict of interest among the rights subjects,there are conflicts in specific objectives.Increase government subsidies,reduce farmers’ costs and expand synergy benefits,It can promote the balance between the executor(government,villagers’ committee)and the participant(farmers)of the rural homestead system reform.(3)The reform of "separation of three rights" of rural homestead does not necessarily promote rural revitalization.The key to whether it can promote rural revitalization lies in whether the reform measures are in line with the stage of rural development.Rural Revitalization has multi-dimensional objectives,and there is no parallel relationship between various objectives.Among them,"industrial revitalization" is the fundamental.It should be supported by national policies and funds,Establish a land use right liberalization mechanism aimed at ensuring the land for industrial revitalization.Deepen the reform measures of the "Three Rights Separation" system of Rural Homestead: improve the institutional environment centered on the rule of law,build a "state peasant household market" coordination dynamic mechanism,make up for the internal defects of the non synchronization between the revitalization of the use right and the guarantee of the qualification right in the "Three Rights Separation" reform of rural homestead,and improve the relevant supporting systems. |
