A Study Of The Legal Problems About “Separation Of Three Rights Of Homestead”

With the increasingly prominent economic value of homestead,due to the stimulation of supply and demand market,the phenomenon of homestead invisible transfer is very common,the law has not designed a good scheme for the problem of transferring the homestead,on the contrary,the relevant laws are full of vague and conservative provision.The “separation of three rights” policy was proposed in the central document No.1 in 2018,and it was a major innovation in the top-level construction of the homestead transfer system.The policy of "separation of three rights" of homestead is to realize the economic value of homestead by the three parties through the construction of diversified rights,the security function and welfare nature of the homestead should be maintained,and the transfer range should be expanded so that the homestead can meet demand of the social subject.How should legislation gradually restore the economic value of homestead as a productive factor,and explore more scientific and diverse ways of transferring homestead and smooth and complete transfer procedures,which is related to the process of rural land system reform and urban-rural integrated development,and it has become an urgent problem to be solved after the implementation of the homestead "separation of three rights" policy.Yujiang in Jiangxi Province,Dali in Yunnan Province,Yiwu in Zhejiang Province,Liuyang in Hunan Province and Luxian in Sichuan Province were selected as the samples of research,this paper analyzes the specific measures to making use of idle homestead in these areas,and evaluates the achievements of the reform.Only by investigating the local practice of utilizing idle homestead,can we analyze the legal obstacles in the reform process of "separation of three rights" of homestead,which are mainly manifested in the two aspects of insufficient legal basis and system supply.Firstly,according to the actual situation,the functional value of "separation of three rights" of homestead is analyzed,and then this paper sums up the transfer modes that accord with the legal connotation of "separation of three rights" of homestead.Secondly,as the legal basis for the design of the “separation of three rights in homestead” system,the legal positioning and content of the three rights should be clarified:the collective ownership of homestead should remain unchanged,the key point is toclarify the exercise of collective ownership and give it complete rights;The essence of homestead right of qualification is membership right,the right to use the homestead under“separation of three rights” is different from the right to use the homestead under the current law,the former is the right to use the homestead without identity restriction,which becomes the floating capital of farmers and can be transferred between urban and rural areas.Finally,to truly realize the system reform of homestead use right transfer,not only need systematic and thorough top-level design,but also need to be concretely translated into operational rules and implemented correctly.In order to solve the transferring disputes properly,legal lease of homestead and homestead “co-construction and sharing” should be clearly regarded as the legal transferring method,and attaching importance to the guiding and supervising role of collective economic organizations in the transferring of the right to use the homestead.In addition,in order to ensure the security of the transaction,standardize the registration procedure of the transferring of the right to use the homestead under the “separation of three rights”.At the same time,according to the practical requirements,the necessary procedures are set for the limited transfer of the right to use the homestead.Through the corresponding legal analysis of the “separation of three rights” of homestead and the reasonable system construction,in order to optimize the allocation and utilization of homestead resources,and achieve the goal of efficient and orderly transferring homestead.