A Study On The Legal Issues Of The Disposal Of Rural Idle Homestead Under The "Three Rights Separation" Of Homestead

Homestead system is an important system of rural land in China.The effective implementation of homestead system is related to farmers’ living rights and rural economic development.With the continuous development of society,the problem of idle and wasteful Rural Homestead has become increasingly prominent.In order to solve this problem,the central government timely issued relevant policies and regulations,and issued "No.1 Document" in 2018,which clearly requires that "the collective ownership of homestead should be implemented,the rights of Homestead farmers’ qualification and property rights of farmers’ houses should be guaranteed,and the rights of homestead and use of farmers’ houses should be moderately released",that is to say,it should be implemented The purpose of the separation of ownership,qualification and use of homestead is to activate the idle homestead and houses in rural areas and make them reused,so as to promote the revitalization of rural areas.In 2020,the "No.1 document" of the central government once again stressed that the "Three Rights Separation" of homestead should be explored.At present,the policy of "Three Rights Separation" of homestead has not been incorporated into the legal system.The transformation from policy to law is conducive to the stable implementation of the policy.Therefore,it is particularly important to legalize the policy.The first part of this paper first defines the concept of idle homestead,and then analyzes the causes of the formation of idle homestead and the necessity of disposal The second part analyzes the legal connotation of the "Three Rights Separation"policy of homestead,mainly analyzes the policy implication of the "Three Rights Separation" and the legal relationship between the "three rights",and explains the theoretical basis for the legalization of the policy.The third part analyzes the practical difficulties in the implementation of the policy,which paves the way for the improvement of the system.The fourth part mainly discusses the suggestions to improve the system of "Three Rights Separation" of homestead,so as to make the operation of the system more stable.The fifth part discusses the legal way to activate the rural idle homestead under the background of "Three Rights Separation",and discusses the legal way to conform to the connotation of the system,so as to promote the accurate implementation of the policy.