Study On The Realization Of The Separation Of The Three Rights Of Homestead

In 2018,the CPC central committee put forward in a number of files,for the first time the homestead "separation division" this statement,the qualification of "farmers rights","farmer housing property rights","farmers' right to use house" and so on these popular terms,this expression is helpful to the masses understand the file,make the file more affinity,but these terms is not a right concept of law,this will bring certain difficulties to further implement policy.Therefore,through the combination of the existing policy of rural homestead three-right split and the practice of rural homestead system pilot reform,through the "three-right split" system of homestead three rights,namely ownership,qualification,the right to use,the realization of the way to analyze and explain.The part of homestead ownership is discussed in detail about the problem of the non-entity of the subject and the incomplete of the power and capacity of the ownership,which makes it clear that the subject of the three-right divided homestead ownership should be the collective economic organization,and the nature of power is the right of property in itself,and the right of recovery,supervision and management and the right of income are improved.In part qualification right of farmers,and through the three rights of qualification right attribute theory(members said,the homestead right of use,personal servitude)will be qualified to fix on the ownership nature from the homestead right of use of personal attributes stripping out a kind of usufructuary right,namely personal servitude,on this basis to determine the qualification of the homestead right of subject,identified the main body,five kinds of power(get right,right,exit right,usufruct,supervision)and its implementation dash;In the part of the housing land use right,the first rural social subject rights and the relationship between the right to use and qualification of generalized carding and analysis,identified as to the nature of housing land use right and power to set up in qualification right above the usufructuary right of subprime usufructuary right and analyzes its internal logic,next to the main body of housing land use right,time limit and related expenses for sure,is defined as the subject in addition to the members of the collective economic organizations,also can be the social main body of a third party,finally,the three kinds of land circulation way has carried on the detailed planning,namely,transfer,lease,mortgage.Through the detailed exploration of ownership,qualification and right of use,the author further explores the legal realization of "three-right split" of homestead,which is conducive to the construction of the right structure of "three-right split" of homestead from the perspective of law realization.Also is so,to explore the method of structure of rural homestead "separation division",will be for housing land policy of "separation of division" and by the approaches to realize the method into countries will build a complete legal system to ensure the orderly implementation has become our country comprehensive governing the country according to law,the rural land reform and rural revitalization strategy of inevitable requirement and important guarantee.