The Legal Issues Of "Three Rights Separation" Of Rural Homestead In China

The complexity and particularity of homestead system affect the theoretical supply and practical choice of "Three Rights Separation" of homestead.In theory,due to the lack of clear legal provisions,there are some problems in the "Three Rights Separation" system of homestead,such as the void of rights and the unclear nature of rights,which also leads to the lack of unified implementation path of policy objectives such as "protecting the qualification right of homestead farmers and the property right of farmers' houses" and "releasing the use right of homestead and the use right of farmers' houses",which makes it difficult for various theories Reach a consensus.In practice,the change of social and economic structure and the change of farmers' production and life style have brought a strong impact on the traditional rural society.The problems such as idle homestead,multiple homesteads for one family,private expansion,private transactions,and the difficulty in solving disputes over homestead highlight,which put forward higher requirements for homestead management.How to improve homestead management through the "Three Rights Separation" of Homestead The path of management system has become the focus.Starting from the legal connotation of "Three Rights Separation" of homestead,we should fully explore the legal connotation of homestead ownership,qualification right and use right,understand the legislative significance of relevant rights and the characteristics of rights.The introduction of "Three Rights Separation" of homestead is an important system guarantee to realize the Rural Revitalization Strategy,is the inheritance and development of "two rights separation" of homestead,is to better balance the protection and property function of homestead,which is also the necessity of "Three Rights Separation" of homestead.According to the objectives and characteristics of homestead system in different stages,the history of homestead system reform can be divided into three periods: initial establishment period,standardized management period and deepening reform period of homestead system,and the characteristics and laws are summarized.Understanding the legal connotation,necessity and historical changes of homestead system reform can make us think about the direction of homestead reform more calmly and rationally.To solve the legal problem of "Three Rights Separation" of homestead is to solve the theoretical and practical problems of ownership,qualification and use right.It is necessary to establish the right orientation and realization mode of homestead ownership,qualification right and use right,to clarify the basic implementation concept of "Three Rights Separation" of homestead,which is to adhere to collective land ownership,to adhere to the red line of cultivated land,to protect the land rights and interests of farmers,and to improve the realization path of homestead management system.Only by making clear the position and the way of realization of the right of ownership,qualification and use of homestead,can we better construct a logical and meticulous system of "separation of three rights" of homestead.The function of homestead ownership is to maintain equity and realize the effective utilization of homestead resources.The realization of collective ownership is the way to realize homestead ownership,specifically to implement the disposal,income and management function of homestead ownership.The right of qualification right of homestead lies in the protection of farmers' identity and property.The realization of qualification right is to apply for distribution of homestead,reservation of qualification right and compensation for land acquisition.The function of the right to use the homestead is to release the right to use the homestead and the farmer's house,to expand the scope of the transfer of the right to use the homestead to the collective members in the city and county and to cooperate with the legal leasing right system is the way to realize the right to use the homestead.To improve the realization path of homestead management system,we need to realize the innovation of homestead management system in the process of "Three Rights Separation".First,we should protect farmers' living in various ways,learn from the reform experience of the pilot area of excellent homestead,and flexibly adopt the ways of homestead distribution,centralized resettlement,and homestead for social security according to different reality.Second,improve the system of paid use of homestead.In order to reduce the phenomenon of idle and excessive homestead,we should charge the part of one household with multiple homesteads,the part of private expansion,the partof excessive area,and the homestead inherited by non collective members.Third,improve the system of paid withdrawal of homestead,and refine the operation rules of paid withdrawal of homestead.Include the part of one household with multiple residences,idle and inherited homestead into the scope of withdrawal;for the withdrawal compensation,use multiple ways such as replacement apartment,monetary compensation and centralized residence to meet different needs;allow the retention of farmers' qualification rights to improve farmers' willingness to withdraw;differential homestead withdrawal and compensation standards can be compared with the local construction land price and land To evaluate the price or a certain proportion of the compensation price for land acquisition;to broaden the sources of exit funds,and to build a circulation mechanism of paid exit funds for the residential base under the joint effect of government finance,loans from financial institutions and social channels.Fourth,the construction of the legal rental system of homestead to better realize the property rights of farmers' houses.Its system logic lies in that when the transferee who is not a member of the collective inherits,transfers and mortgages the house on the homestead,the transferee obtains the house use right and the legal lease right of the homestead at the same time,and pays certain fees to the collective,and the homestead use right still belongs to the farmers after the expiration.Fifth,innovate the regulation of homestead.We should make good use of the villagers' self-regulation,strengthen the villagers' awareness of supervision and self-management,strengthen the village collective cooperation regulation,unblock the interconnection channel between the village collective and the government,improve the collective's understanding of the homestead policy,and improve the homestead management level.We should innovate the way of government regulation,establish the legislative idea of government's modest intervention,and speed up the legislative innovation of homestead.Sixthly,we should speed up the registration of homestead ownership,clarify the status quo of homestead ownership,and make clear the organization,content and rules of unified registration.