Study On The Perfection Of Homestead Use Right Circulation System

In 2018,on the basis of successful experience in the pilot reform of contracted land "three-power separation",the state started the pilot reform of "three-power separation" in 33 counties and cities,reconfigured the right composition of homestead,tried to establish a right distribution system in which the ownership of homestead belongs to the collective,the qualification right belongs to peasants,and the right to use can be freely transferred.Based on Yiwu city,zhejiang province and Chengdu Pi area two pilot areas reform work analysis,preliminary visible homestead "three-power separation" to implement homestead use right market is significant to promote free flow.But there are also some wrong practices that regard the homestead replacement as an effective form of homestead use right circulation,and the system reform is not comprehensive and thorough.In general,the successful exploration and failed attempts of the pilot reform have accumulated practical experience for the further improvement of the system and provided a multi-angle reference for the deepening of the reform of "three-power separation" in homestead.The right allocation system of "three-power separation" of homestead has theoretical advantages.It is a refinement of property rights in the process of institutional change,which has both the core function of guaranteeing peasants' survival interests and the necessary function of property interests of rights subjects.It can more realistically meet the demand of market subjects for transferring the right to use homestead,create economic value,and promote urban-rural integration development.Therefore,we should continue to adhere to and deepen the homestead "three-power separation" reform,and on the basis of the experience of further accumulation of reform,to realize the smooth transition of homestead from "separation of two rights" to "separation of three rights",allow the free circulation of the right to use homestead,and establish the circulation system for the right to use homestead which are legal,normative,rational and efficient operation.Specifically,it is necessary to amend and improve the property law,landmanagement law and other relevant laws to clarify the property attribute and transferability of the right to use the homestead.Remove the strict administrative control in the transfer,let peasants dominate the transfer of homestead use right according to the principle of voluntary,the government only through the implementation of land planning management and use management to guide;Can also try to introduce pre-emption rights system,and giving the collective economic organization members under the same conditions enjoy preferential pre-emption rights,make they can take precedence over members of the collective economic organizations outside the transferee obtains the right to use homestead,to protect the rights and interests of the members of the collective economic organization who can first use the homestead to guarantee their basic survival.This paper on the basis of summarizing and combing the theoretical views of the transfer system of homestead use right,obtained the latest reform data through empirical research,and tried to put forward a theoretical interpretation of the new "qualification right" in homestead reform,and combined with the survey data,to affirm the theoretical superiority and practical feasibility of the system design of "three-power separation" in homestead,so as to improve the system of homestead use right transfer to provide a meager theory support and research data.