Study On The Legal Issues Of The Separation Of Three Rights Of Homestead

Homestead,as the basic life guarantee of farmers,is the foundation of the people.Every major reform of homestead system is related to the basic life rights and interests of farmers.With the progress and development of the times,the original separation system of two rights of homestead is no longer suitable for the development of contemporary rural collective economy,and the lag has begun to appear.In this case,a new concept of policy-the separation of three rights of homestead can be put forward.The theory of three rights separation of homestead does not exist at the very beginning.It is a creative plan for the reform of homestead system in China,which is based on the separation of two rights of homestead and follows the way of thinking of three rights separation of farmland.As a kind of policy language,it is necessary to deeply explore its legal basis,understand the specific connotation and value orientation of "three rights",and use some foreign land system theories for reference to clarify the relationship between various rights in the three rights separation of residential base.As a new land system policy,the separation of three rights of homestead has certain innovation and practicality,so in its actual operation and operation process,there will inevitably be many theoretical and practical problems.Theoretically,the definition of the ownership of homestead in China is not clear,the qualification of farmers is lack of legal support,and the right to use homestead is not perfect.Practically speaking,the homestead system in our country has such problems as the right to make the right,the uneven distribution of the homestead,the absence of the management and supervision mechanism,and the imperfect laws and regulations.These theoretical and practical problems,on the one hand,will affect the legislative process related to homestead in China,on the other hand,will hinder the operation and promotion of the separation of the three rights of homestead in practice.Based on the analysis of the residential land rental mode in Dali City,Yunnan Province,the residential land transfer mode in Liuyang City,Hunan Province,the land property transformation mode in Yiwu City,Zhejiang Province,and the specific operation and management mode of the separation of the right to use of the residential land in Luxian County,Sichuan Province,this paper explores the practical operation of the reform from the perspective of the transfer mode of the right to use All kinds of possibilities.In terms of practical operation,the mode of re separation of the right to use the homestead in Luxian County,Sichuan Province and the mode of renting the right to use the homestead in Dali City,Yunnan Province are more suitable for the current economic development of the society and fit the internal requirements and spiritual connotation of the reform of the separation of the right to use the homestead.In the aspect of system innovation,we should make clear the subject of ownership,reform and improve the way to obtain the qualification right of farmers,expand the use of the right to use the homestead,and improve the management and supervision mechanism of the separation of the three rights of homestead.In the legislative improvement of the separation of the three rights of the homestead,we should create the real right of the farmers' qualification right,improve the mechanism of obtaining and withdrawing the homestead,and clarify the circulation scope of the right to use the homestead.