Study On Legal Problems Of Rural Homestead Use Right Transfer From The Perspective Of "Separation Of Three Powers"

The transfer of the right to use rural homestead is one of the core issues of the homestead system.From the historical point of view,homestead circulation has changed from undergone institutional farmers' private ownership,free trade to strict restrictions.The negative effect of the current mode of restricting circulation is very prominent,which not only lead to waste of land resources,but also seriously restricts the rights of property and interests of farmers.In order to solve the existing problems,some areas have carried out pilot reforms on the transfer of the right to use residential land.And that achieved good results.In 2018,the CPC Central Committee and the State Council put forward the important land reform decision of "separation of three powers",which made homestead move from the stage of "separation of two powers" ——separation rights of ownership and use to the stage of "separation of three powers" ——separation rights of ownership,qualification and use.About "separation of three powers" the proposition of the reform concept provides an innovative way,where is solved the problems of the circulation,which rights to use homestead under the current legal system.At the same time,it points out the direction for the circulation of the right to use homestead in the future.From the perspective of " separation of three powers ",this paper intends to explore the theory and path of homestead circulation,and try to provide corresponding theoretical solutions to existing problems.The article is divided into five parts.The first part of the introduction.It mainly introduces the background,significance,research status,research methods and the topic of innovations.The academic circles of our country hold three attitudes towards the circulation of the right to use the homestead: prohibition,restriction and free circulation.The point of this article is the limited circulation of the right to use the rural homestead in the perspective of "separation of three powers";the second part is provided summary,which is circulation of the right to use the rural homestead and reform concept,which is "separation of three powers" of the homestead.This part mainly introduces the related concepts,historical investigation and methods of the circulation of the right to use the rural homestead and the background,content and the key of links about the reform concept of "separation of three powers" for the homestead;the third part is the current situation and existing problems of the regulation for the circulation of the right to use the rural homestead.And it introduces the rural homestead envoy.On the transfer of the right to use rural residential land,legislative and judicial investigation shows that there are problems of invisible transaction and imbalance of interest distribution.The fourth part is the practical investigation for the transfer of the right to use rural residential land.It introduces the practice of Tianjin residential land exchange mode,Jiaxing two-way exchange mode,Chongqing land ticket transaction mode under the traditional mode,and the project of Yiwu pilot in Zhejiang and Jingde in Anhui under the " separation of three powers " mode.The fifth part is the theoretical proposition and Path Exploration of limited circulation of rural residential land use right under the perspective of "separation of three powers".It analyses the rationality,the principles and modes followed for limited circulation of rural residential land use right.And it puts forward several key links of limited circulation.That is better to properly define the scope of successors,to implement compensated and fixed-term use of rural residential land,to rationally distribute transfer income,and to strengthen land use control.