Homestead Triple Right Separate Legal Issues Research

Homestead is an important part of rural collective Land.And Implementation of “The Separation of Three Right “of homestead is related to farmers ‘basic living rights.As the cornerstone of China’s land policy,homestead policy is closely related to the direction of land policy in our country.Now a new concept,the right of housing land qualification,is put forward in the “The Separation of Three Right” of homestead policy.The qualification right of homestead farmers should include two rights: homestead allocation qualification right and homestead right of use,which is a compound right with both identity and property rights.One problem should be solved well in the process of advancing “The Separation of Three Right “of homestead’s work,which is connection between “The Separation of Three Right” and Legal Terminology.And in the future amendments should reflect the achievements of “The Separation of Three Right “of homestead.No.1 Central Committee Document 2018 proposed that the expression of “The Separation of Three Right “of homestead does not adopt the concept of legal rights.And that policy must be transformed from policy language to law language before it is implemented.On the premise of target realization,people needs to define the policy legal connotation and perform relevant institutions design.The first part explains the Policy Interpretation of “The Separation of Three Right “of homestead,which including its historical evolution,original intention,policy implication and practical significance.The second part explains the legal connotation of “The Separation of Three Right”.This paper interprets the policy from three aspects: ownership,qualification and right to use.This paper discusses emphatically the three rights contained in “The Separation of Three Right” and their related properties for preparing its operation.The third part explains the Operation mode of “The Separation of Three Right”.This paper discusses the policy possibilities from various perspectives,and finally conclude that our country is suitable for this policy.The last part summarizes practical problems that policy may encounter and suggestions to solve them are put forward..hoping to promote the implementation of the policy from a practical point of view.