Study On Issues Of Separation Of Three Rights In Rural Homestead In China

Homestead is an important part of rural collective land,which is related to farmers' basic living rights.The homestead system under the separation of rights has been committed to realizing the residential security function of the homestead,and has largely maintained a stable social order in the countryside.However,as industrial production activities gradually gained a dominant position,and agricultural activities were transformed into industrial activities,the original homestead system has become a constraint for social development.The main phenomena are as follows:First,many rural people leave the countryside to find work in the city,and even a large part of them have settled in the city.However,due to acquire the housing sites freely in rural areas,the housing sites have barely regressed and the housing sites have been idle and wasted.And the phenomenon of hollow villages is frequent.Secondly,the development of urbanization has made the location of homesteads better or worse,farmers' demands for homesteads have been differentiated,and the conflict between social security functions and economic value functions carried by homesteads has intensified.As the protection of homesteads has entered the "Property Law",the protection of private rights of homesteads has continued to increase,and the state has also implemented a series of policies to explore the economic functions of homesteads,and continue to tap the potential of homestead property.In order to establish a mechanism for adjusting rural homesteads in line with changes in objective social conditions,the Party Central Committee,based on the experience explored in the pilot reform of homesteads,stated in 2018 exactly that it is necessary to explore the separation of the three rights of homestead ownership,qualification,and use rights.And the separation of the three rights of the rural housing land is always the key to Rural Revitalization.In this context,this article attempts to interpret the experience and lessons from the pilot practice of the separation of the three rights homesteads from the perspective of jurisprudence,analyzes the current problems of the three separation of homestead's rights,and then tries to find a solution based on the national conditions of policies.This article is divided into four parts:The first part is a legal explanation of the separation of three rights in house sites.By exploring the essential attributes of homestead ownership,homestead qualification rights,and homestead use rights in the three rights separation of homesteads,it is concluded that the three rights separation of homesteads regards homestead ownership as a baseline,and homestead qualification rights provide limited support for the sustainable development of rural collective members,thereby ensuring that the property functions of excavating the right to the use of house sites do not cause conflicts of social interest.Remove the identity of the right to use the homestead,you can introduce a third party to break through the scope of the collective organization of the homestead,to achieve the goal of revitalizing the right to use the homestead.Through the perspective of the theory of homestead property rights,it provides theoretical support for the separation of three rights in homesteads,and the concept of rule of law escorts the reform of separation of three rights in homesteads.The second part is the historical evolution of the separation of three rights in house sites.This section details the changes in the three-way separation of homesteads from the perspective of historical evolution,and discusses the performance and methods of the change of the two-way separation of homesteads from three to three,providing a reality for the three-way separation of homesteads.At the same time,combined with the development and change of the three-household rights separation policy,the legalization trend of the future development of the three-household rights separation is obtained,and the background of the realization of the three-household rights separation is analyzed.The third part is the research on the separation of three powers in house sites.Based on an understanding of the pilot experiences of Yiwu in Zhejiang,Dali in Yunnan,and Yujiang in Jiangxi,this article evaluates their practices,and at the same time draws the problems faced by the separation of three rights in a homestead from the pilot practice of a homestead:regional development The imbalance in the three rights of homesteads caused by imbalances is quite different.The exit mechanism of homesteads needs to be further improved.The conflict between residential security and property circulation is fierce.The fourth part is the solution to the problem of the separation of three powers in housesites.This article aims at the problems in the separation of three rights of homesteads.The classification and integration of homestead ownership,homestead qualification rights,and homestead use rights are used to classify and integrate in order to achieve the policy goal of revitalizing homestead use rights.The use right transfer system of the base;the quantification and qualification of the qualification standards in the homestead qualification right and the improvement of the homestead acquisition and withdrawal mechanism to play a role in protecting the farmers' rights and interests of the homestead qualification right;by grasping the land system of the homestead ownership And the definition of the public rights to homestead property rights to implement homestead ownership.