Study On The Separation Of Three Rights Of Rural Homestead

The traditional rural homestead system of "separation of two rights" in China has endowed farmers with basic and important residential social welfare,and effectively maintained rural social stability.However,with the rapid development of industrialization and urbanization,the drawbacks of the original homestead system are increasingly exposed as follows: a large number of farmers leave the countryside to work in cities,the idle homestead and wasting phenomenon is more prominent,the phenomenon of hollow villages is spreading.As a result,the villages are going down,and the popularity is weakened.In addition,restricted by the land management system for a long time,farmers have no absolute right to dispose the usufruct of homestead.Farmers own assets but can not be converted into property income.In order to revitalize the idle rural homestead,increase farmers' property income and promote rural revitalization,the Central Committee of the Communist timely proposed to the policy that explore the separation of collective ownership,right of qualification and usufruct on the basis of the phased success of the pilot reform of rural homestead.The policy of "separation of three rights" in rural homestead is still in the exploratory stage.Through the theoretical study of law and the consideration of practice,it can provide a feasible path for the reform of "separation of three powers" in rural homestead.In the process of transforming the policy of "separation of rights" into legal norms,we should accurately understand and grasp the legal connotation of "separation of rights" on the basis of the logic of law,policy background and the characteristics of rural areas.The "separation of three rights" of homestead is not to divide the original usufruct into two parts,but to establish a new secondary usufruct,which forms the right structure of "collective ownership of homestead +usufruct of peasant households + usufruct of other social subjects".The three typical pilot areas of homestead reform in Jinjiang City,Luxian County,Sichuan Province and Yiwu City,Zhejiang Province,have achieved fruitful results,but there are still some problems such as weakening of collective ownership,insufficient protection of qualification rights,and obstacles to the liberalization of usufruct.The collective ownership of rural homestead can be realized by giving the collective economic organizations the right of distribution,planning and utilization,the income right andthe right of supervision and management;by strictly defining the membership of collective economic organizations,innovating the way of realizing the right of qualification,perfecting the registration of the right of confirmation of rural homestead,ensuring the farmers' right of qualification;by activating the idle rural homestead,building standardized rural homestead circulation to exchange sites and establishing circulation in various ways.Transfer conditions and clear rights and obligations of both sides to achieve moderate liberalization of the usufruct.Of course,the reform of homestead system is related to all aspects of social economy.We should guard against the risk of excessive interference of administrative power in farmers' will,the risk of imperfect systematic supporting measures and the risk of destruction of cultivated land resources.The reform of "separation of rights" in rural homestead can not be accomplished overnight.It needs to be carried out prudently according to local conditions.