The Real Right Certificate Of The Qualification Right Of The Homestead

In order to achieve the development goals of home ownership,the construction of the homestead system is based on the basic logic of public land ownership and has been continuously explored.In order to effectively solve the problem of land resource shortage,the system of usufruct right on rural residence land has established a reform direction from "fairness" priority to "efficiency".This goal is reflected in the reform of the qualification right of homestead.The qualification right of homestead is a basic right of members of rural collective economic organizations.Members have the right to apply for a house site to a rural collective economic organization based on their status and use and gain the homestead without compensation.This is the inheritance and development of the original house site use right.Judging from the existing research,there are relatively rich studies on the nature and connotation of the qualification right of homestead,but the research on the systematic construction of property rights on the qualification right of homestead is relatively weak.Although there is no objection to the identity of the qualification right of homestead in the theoretical world,scholars have disputed the property rights of the qualification right of homestead.As the nature of the qualification right of homestead cannot be determined,not only does the legislative norm lack theoretical support,the theoretical research foundation is also weak,and the theoretical research methods are still insufficient.These issues have hindered future legislation on "three separation of powers" in homesteads.From the perspective of reform practice,since the implementation of the " three separation of powers " reform policy for homesteads,various pilots have accumulated some practical experience,but the homestead reform models implemented in different regions are very different,and some of them even interpret the central government one-sidedly.Homestead reformin the spirit of the “three separation of powers” system.From the perspective of judicial practice,disputes over homesteads accumulating in the reform of “the qualification right of homestead” in different places have become difficult problems in judicial trials.The phenomenon of “different judgments in similar cases" has frequently occurred,which has produced more social focus issues.Based on the practical,judicial,theoretical,and legislative issues of the right to a homestead,combined with the actual situation of rural social development,it is necessary to rethink the attributes and connotations of the right to a homestead.Therefore,the research and construction of the power logic of real right is the important content of this paper.This article uses methodology of benefits measurement in civil law hermeneutics as a research method to study the property rights of the qualification right of homestead.By applying the basic principles such as the principle of interests and the proportionality principle,this article re-examines the theoretical and practical issues of the right to homestead eligibility,and conduct meticulous and rigorous legal reflections on the practice models and corresponding judicial cases of homestead eligibility rights.The property rights of the qualification right of homestead are mainly proved from the internal and external aspects.The internal certification is mainly based on the right pedigree of the qualification right of homestead.By systematically combing the history and current status of the qualification right of homestead,the rationality of the qualification right of homestead as a real right is grasped.Through the research and summary of the relevant theories and theoretical disputes,it is used to clarify the theoretical basis of the real right attributes contained in the qualification right of homestead.The external justification of the qualification right of homestead is mainly from the perspective of form and substance,which takes the theory of interests balancing as the path.By combining relevant legal and policy texts,the legal effects and social effects of judicial rulings are re-examined from the perspective of legality,in order to solve the appropriateness of the construction of the external property rights of the qualification right of homestead.This article believes that,from the perspective of internal justification,the homestead system is part of China's rural land utilization system."The Separation of Three Rights" concept of the house site is also the embodiment of "the Separation of Three Rights" concept and the logic of rights in the field of the house site system.Its reform is consistent with "the Separation of Three Rights" reform of contracted land.The qualification right of homestead not only meets the requirements of the inherent elements of the right,but also fills the constitutional conditions of the ownership right.Both the practical level and the theoretical level have proved that the construction of the property rights of the qualification right of homestead is an inevitable trend of “the Separation of Three Rights” of the homestead.From the perspective of external justification,defining the qualification right of homestead as a real right is the continuation and innovation of the original homestead system function,which is in line with the central government's purpose of reforming the homestead system.It fully reflects that the right to qualify for a homestead is not only accepted by farmers,but also meets the design of China's legal system,and generally maintains the unity and continuity of the Constitution of the People's Republic of China,Real Right Law of the People's Republic of China,and Land Administration People's Republic China.In short,the establishment of the property right of the homestead qualification not only reflects the protection of the basic survival rights of farmers and the farmers' urgent need to increase property income,but also integrates urban and rural land resources,meets the reform direction of improving the allocation of land resources market,and also deepens the research on related theories.Therefore,defining the right attributes of the qualification right of homestead as real rights not only follows the historical development law of the homestead system,but also helps to revitalize idle homesteads in rural areas and promote the inclusive urban-rural development,which is an important content of China's country land system.