The Legal Connotation And Realization Path Of "Separation Of Three Powers" Of Rural Homestead

The institutional arrangement of "separation of two rights" has been difficult to meet the needs of rural development in the new period,and more problems have been exposed.The overall utilization rate of homestead is low,homestead and farm house are in idle state all the year round,land resources are wasted seriously.The homestead system overemphasizes the social security function of the homestead,and the property function of the homestead fails to manifest.Therefore,in 2018,the opinions of the CPC Central Committee and the State Council on the implementation of the strategy of rural rejuvenation for the first time put forward the policy conception of "the separation of the three rights of rural homestead",which points out the direction for the new round of rural homestead system reform in China.The purpose of the "three rights separation" is to adhere to the collective ownership of the homestead and to fully realize the social security function of the homestead,through the adjustment and innovation of the allocation of the rights on the homestead,Social subjects who are not members of collective economic organizations are allowed to participate in the use of homestead rights within a certain period of time,so as to realize the purpose of making active use of idle rural homestead and increasing farmers' property income.At present,there is no clear legal explanation for "ownership","qualification right" and "right to use" in our country.In the future,it is necessary to express the law and construct the system of "the separation of the three rights of the homestead" in the legal level.Therefore,it is necessary to define the legal connotation and the right relationship of the "three power separation" of the homestead.The understanding of "ownership" in academic circles is basically the same,but "qualification right" is not the current legal concept.There is controversy about the legal connotation of "qualification right",there are two views: "member right theory" and "homestead use right theory".The author believes that the theory of the right to use the homestead is more in line with the internal requirements of the reform."The separation of the three rights of the homestead" puts forward the requirement of "moderately activating the homestead and the right to use the houses of peasants",so it is necessary to allow the social subjects who do not have the status of collective members to participate in the distribution of the rights of the homestead.Social subjects enjoy the "right to use".The core content of the right to use is the actual possession and use of the homestead,but it cannot be equated with the concept of the right to use the homestead.In order to reasonably construct the operation mode of the "three rights separation" of the homestead,the author suggests drawing lessons from Germany's "sub ground right" system and extending the right chain,so that the "ownership" is reasonably integrated into the homestead right system.This article is to clarify the "three powers" On the basis of the legal connotation and the nature of rights,and combined with the practical measures of the pilot area,this paper explores the feasible way to realize the "three-power separation" of the homestead.