Reconstruction Of The Right To Use The House Site Under The Separation Of Three Powers

As the unique system of the property rights law in China,the system of the right to use the house site is born on the premise of the public ownership of the land,and is gradually improved with the requirements of the times.It has distinctive Chinese characteristics.In 2018,"Opinions of the Central Committee of the Communist Party of China and the State Council on Implementing the Strategy for Rural Revitalization" proposed the reform of the housing estate system of "three powers divided".At present,the academic community has different opinions on how to build a homestead system with "three powers divided".The right to use is the core content of the “three-power separation” of the homestead.The system design is directly related to the development of the rural economy and the improvement of the income level of the peasants.At the time of the compilation of the civil code and the reform of the house system of the “three powers” The author deeply analyzes the system of using the house site under the "three powers separation" and tries to make a small contribution to the reform of the house site system in China.In addition to the introduction,this article is divided into three parts.The first part is the concept and function of the right to use the house site under the separation of the three powers.This part firstly discusses from the legal level what is the implementation of the collective ownership of the house site,the protection of the right of the householders,the right to use the house site properly,and then the understanding of the right to use the house site under the "three rights division",The right to use the right to use the house site under the “three-power split” can be expanded accordingly,and it has the right to earn income and the disposition of the “occupation,use,and income power” of the house site.Therefore,it pays more attention to its property in terms of functional attributes.The function is played in order to realize the efficient allocation of land resources and lay the foundation for the specific system design.The second part is the reconstruction of the acquisition and withdrawal system of the right to use the house site under the “three powers separation”.This part begins with the current legislative status of the acquisition and withdrawal of the right to use the house site under the current system,expounds the legal dilemma faced in the practice of obtaining and withdrawing the right to use the house site,and demonstrates the acquisition and withdrawal of the right to use the house site under the separation of the three powers.The necessity of reconstruction,according to the problem,proposes corresponding system suggestion: the collective ownership of the house site should be fully implemented in the process of obtaining and withdrawing the right to use the house site under the separation of the three powers,and the autonomy of the house should be respected.At the same time,the acquisition and withdrawal from the public law level should be faced.Carry out the necessary norms,take the natural person with the qualification of the farmer as the main body of the acquisition,adopt the combination of paid and unpaid for different economic developments in different regions,regulate the acquisition and withdrawal procedures under the leadership of the collective economic organization,and clarify the reasons for withdrawal.Adopt a combination of paid and unpaid withdrawal methods and establish a registration and publicity system.The third part is the reconstruction of the transfer system of the right to use the homestead under the “separation of three powers”.This section firstly reviews the current situation and existing problems of the transfer of the right to use the homestead under the current system,discusses the different attitudes about the transfer of the right to use the homestead,and analyzes the reconstruction of the transfer system of the right to use the homestead under the three-power split.Necessity,it is proposed that the transfer of the right to use the house site under the separation of the three powers must adhere to the principle of equal emphasis on collective interests and the interests of farmers,and operate under the mode of “integration of premises and land” in China,and finally from the “separation of three powers”.The main body,object and procedure of the transfer,mortgage and leasing system of the homestead are given in the three aspects of the transfer of the right to use the homestead.