Research On The Legal Issues Of Farmers' Qualification Rights In The "Three Rights Separation" Of Homestead

Affected by the early economic system,the rural homestead rights structure in China includes collective ownership and the rights to use homesteads,that is a pattern of separation of "two rights".The "separation of two powers" homestead rights allocation have formed a relatively mature system in both academic research and social practice reform.After the reform and opening up,China's economy has developed in depth,the urban-rural integration process has accelerated,the number of migrant workers have increased sharply,and the proportion of rural population loss has continued to expand.At the same time as the urbanization rate has increased,the idleness of rural homesteads have also increased significantly,and waste of land resources have intensified.Under the policy of "separation of two powers" of homestead,the rights to use homestead has prohibited from free circulation,and members of non-collective economic organizations are not allowed to participate in the transfer of homestead useful rights,thereby limiting the effective use of homestead useful rights and hindering the development of homestead reform.In 2018,the Opinions of the Central Committee of the Communist Party of China on the Implementation of the Rural Revitalization Strategy(hereinafter referred to as "2018Central Document No.1")affirmed the right structure of the "three powers separation" of homestead,breaking the constraints of "separation of two powers" and realizing ownership,the rights to qualify and the rights to use,the new "three rights".The separated rights of use assumes economic functions and guarantees the free circulation of homesteads.The rights of farmer households' qualification as a new right to "separation of three powers" of homestead,that is no definition of this concept in China's current laws.The farmer household's qualification rights of "three rights separation" of homestead is different from the original homestead useful rights,and the existing problems have become a very important research object.By elaborating the practical dilemma faced by the system of the rights to use homestead under the background of "separation of two powers",the policy advantages of farmer households' qualification right in homestead "three rights separation" are highlighted,and the value of farmer's qualification rights is affirmed.It enriches the realization of collective ownership of homesteads,effectively guarantees the sovereignty of collective members,and lays the foundation for the proper releasing of homestead useful rights.As a new type of rights,the rights of farmers' qualification has not been accurately positioned in the nature of rights,which leaves a wide space for discussion in academia.At present,there are three main views: "the theory of usufructuary rights","the theory of residual rights" and "the theory of membership rights".Through analyzing of theoretical knowledge and collating of local documents,There are some defects and deficiencies in the definition of farmers' qualification rights as "usufructuary rights" and "residual rights".Farmers' qualification rights should be recognized as "member rights",which conforms to the theoretical basis.It is also in line with practical reason.At the same time,through the local practical investigation,enumerating the pilot areas of homestead reform,especially the three typical areas of "Zhejiang Yiwu","Beijing Daxing" and "Chongqing Dazu" where the homestead implements the "three separation of rights".It is found that there is also a disunity between the identification of "household" or "collective member" as the main body of farmers' qualification rights,the content of the rights is not perfect,and the registration system,exercise system,and relief system are missing.Based on this,it is recommended to perfect the subject system of farmer households' qualification rights,clarifying that the subject of farmer households' qualification rights is a collective member,and recognizing the identity of collective members in the form of "household registration +".Establishing and improving farmer households' qualification rights to categorize them from substantive rights and procedural rights.clarifying the specific content of the registration of farmers' qualification to avoid registration confusion.Improving the exercise system of farmer households' qualification rights and clarifying the main content of the exercise.For the relief system of farmer households' qualification rights,the content and ways of farmer households' qualification rights relief are clarified.