Research On The Legal Issues Of The Reform Of The Three Rights Division Of Rural Homestead In China

The separation of ownership,qualification and usufruct of homestead is the basic direction of the new round of homestead system reform in China.However,how to understand the basic connotation and function value of the separation of ownership,qualification and usufruct of homestead and explore the possible ways to realize it are still the problems to be solved urgently.Based on the study of the separation of three powers of land contractual management right,this paper interprets the basic connotation of the separation of three powers of residential land,and on the basis of discussing its functional value,further puts forward the possible path to realize the separation of three powers of residential land.The author believes that under the pattern of "separation of powers",the qualifications of homestead farmers should be positioned as membership rights,with the power of possession,income and disposition,while the right to use homestead is usufructuary right,which includes the power of possession,use,income and disposition.The separation of three powers of homestead can realize four functional values: clear property rights,value manifestation,resource integration and system improvement.Therefore,exploring the "separation of three powers" of homestead must be based on China's basic national conditions and rural reality,in accordance with the principles of "implementing collective ownership of homestead,safeguarding the qualification rights of homestead farmers,and moderately liberalizing the right to use homestead",amend relevant laws and regulations,and strengthen the design of supporting policies,including promoting the registration system of the qualification rights and the right to use of homestead farmers.The system of compensated use of rural household's qualification right in residential land,the mechanism of compensated withdrawal of rural household's qualification right in residential land,the operational mechanism of mortgage of the right to use residential land,and the risk safeguard measures of "separation of three rights" in residential land should be perfected.