The Construction Of A Legal System For The Separation Of The Three Powers In Rural Homesteads

In order to revitalize idle homesteads in rural areas and increase farmers' property income,in 2018,the central government proposed to explore the separation of homestead ownership,eligibility and use rights.The goal of the policy of separating the three rights of homesteads is to revitalize idle homesteads,improve the efficiency of homestead utilization,and give full play to the property rights of homestead use rights.The separation of the three rights of house site is still in the stage of policy and practice.The realization of the convergence of policy and law and the realization of legislation are the problems that need to be solved urgently.The legal connection process of the separation of the three rights of the house site must follow the original intention of the policy and balance the value of the system.The value orientation of the homestead legal system during the period of “separation of two powers” in our country is mainly social security.At this stage,the value orientation of the t hree-right separation of homesteads is based on the original emphasis on the guarantee value of homesteads.The property function of the homestead takes into account both fair value and efficiency value.The construction of the legal system for the separation of powers should focus on the coordination of values,the rational allocation of rights,and the equalization of the value of the homestead system.On the basis of the housing security benefits,the property function of the homestead should be exerted.Its efficiency value.The legal connection between the separation of the three rights of the house site is facing legal and practical dilemmas.The first is the legal dilemma,the first is the legal dilemma of implementing homestead ownership,which is mainly reflected in the two aspects of homestead ownership subject status falsification and homestead ownership rights are limited;second is the title of farmers qualification rights and legal nature disputes,mainly It is the legal expression and legal nature of the eligibility right;the third is the right to use the homestead,mainly the nature of the right to use the homestead and the extent and ways of the right to use the homestead.The second is the practical dilemma faced by the separation of the three rights of homesteads in practice.The first is the difficulty in determining the rights of homesteads.The second is the incomplete homestead withdrawal mechanism.The third is the absence of homestead management and supervision mechanisms.By exploring the objectives and values of the policy of the separation of the three rights of the homestead,the problems encountered in the reform of the separation of the three rights of the homestead are analyzed,and the idea of constructing a legal system of the separation of the three rights of the homestead is proposed.The legal construction of the separation of the three rights of rural homesteads mainly starts from three aspects.First,from the implementation of collective ownership of homesteads,it is clear that the main body of homestead ownership is a collective economic organization,giving homestead ownership complete power and enriching the content of homestead ownership To establish a procedural mechanism for the exercise of homestead ownership;secondly,to guarantee the homestead farmer's eligibility rights,to legislate the legislative title of eligibility rights and the membership attributes of eligibility rights,and to detail the content of eligibility rights;Rights,making it clear that the right to use homesteads belongs to usufructuary rights,and to adjust the income and use rights of the right to use homesteads,and to realize the proper free circulation of the right to use homesteads by establishing leasehold rights for homesteads.In addition,in the process of the three-in-one house-holding method,other supporting systems should also be adjusted accordingly.