Study On Farmers’ Qualification Rights Under The "Three-right Separation" Of Homestead

Since the establishment of the rural revitalization as a national strategy,a series of reforms related to the "three rural issues" have been continuously promoted.The efficient use of rural homestead resources has great practical significance for the implementation of the rural revitalization strategy.In 2018,the "No.1 Document" of the central government proposed the reform of the "three-property separation"system of homesteads,which was used to revitalize idle homestead resources,stimulate the property attributes of homesteads,and promote the reform of the rural collective property rights system.The reform of the "three powers separation" system of homesteads is a systematic reform of the traditional "two powers separation"pattern,which is essentially the reconfiguration and remodeling of rights."Peasant household qualification right" is a policy statement,which requires qualitative rights and legal construction in order to achieve the conversion of policy to law,thereby providing institutional support for the practice of homestead reform.At present,there is no clear legal definition of farmer household qualifications,and it is necessary to complete the legislative construction of collective member rights to carry out legal construction of farmer household qualifications.As the key link in the reform of the"three-property separation" of homesteads,the qualification right of farmers should clarify the nature of their collective membership rights.The right of farmer households carries the protection of farmers’ living interests.On the one hand,it is the continuation of the collective ownership of the homestead.On the other hand,it follows the circulation of the right to use the homestead,and it is legitimate and feasible to position it as a collective member right.On the basis of clarifying the relationship between farmer household qualifications and related rights,through the legislative path of collective member rights,the legislative expression of farmer household qualifications is conducive to the harmony and consistency of the legal system.At the same time,members of collective economic organizations should be established as the main body of farmers’ eligibility rights,and "natural households" should be used as the unit to exercise the right to apply for the distribution of homesteads.Rights allocation and property rights structure.In addition,the identity attribute contained in the farmer household’s qualification right cannot be of course drawn to the conclusion that it cannot be circulated.The circulation system of the farmer household’s qualification right should be explored,the diversified ways of exercising the farmer household’s qualification right should be improved and the farmer household’s qualification right should be included in the registration To clarify the right subject attached to the house site and realize the systematic operation of farmers’ qualifications.