Research On The Right Construction Of "Separation Of Three Rights" In Homestead

From the separation of the original ownership and the right to the use of homestead to the new way of exploring the property value under the mode of "three separate rights",it is not only conducive to the reconstruction of the urban and rural land rights system but also of great significance to the stimulation of rural development vitality.Vigorously to safeguard farmers' basic living from the past to now start to actively develop the homestead the wealth of the potential value in the market,this not only need to encourage and leadership at the political level,but also in the field of law by the rights of the science building to make a positive response,so just to enrich the system of rural property rights at the same time,more able to effectively promote the revitalization of rural governance.By analyzing our country homestead different role in different historical stages of characteristics and functions,we can more clear to judge the direction of the future trajectory,at the same time,the reform pilot work of fire for exploring the homestead separation of function orientation continues to contribute their strength.This paper analyzes the existing obstacles and separation and controversy: the ownership there fause and disciplinary authority are not clear,qualification defined in doubt,use in the understanding of the flow pattern and not unified,etc.,and then put forward the first need to clear the basis of land ownership,right to set scientific qualification in relevant agencies after the name of the approval and homestead paid voluntarily quit mechanism research,at the same time,the new can reference when transfer of collective land use right business operation model of construction land.So that we can to ensure that the land safeguard function and balance of their own property value,finally complete the homestead "separation division" of the established value goal and the reasonable power structure.