Research On Farmers' Qualification Rights Of Homestead

The current legal system of homestead land use rights plays a positive role in insuring the peasants' survival and promoting the development of rural economy.But it neglects the economic attribute of homestead and restricts the development of rural areas and farmers.At present,our current legal system of homestead land is facing numerous problems which lead to so much homestead in idle.To solve the dilemma of homestead land use rights,the CPC central committee timely proposed to explore the reform of the separation of the ownership,qualification right and use right.That is,in 2018,the opinions of the CPC central committee and the state council on the implementation of the rural revitalization strategy proposed: “explore the 'separation of the ownership,qualification rights and use rights of homestead,implement the ownership of homestead,ensure farmers' qualification rights and property rights in homestead,and properly release the right to use homestead and farmers' houses.” But there is no expression about farmers' qualification rights of homestead in the current law of our country.The key to correctly understand and realize the "separation of three powers” of homestead is to clarify the legal attributes of farmers' qualification rights of homestead.On this basis,starting from the dilemma of the current legal system of homestead use rights,this paper analyzes the background of farmers' qualification rights of homestead,defines the attributes of farmers' qualification rights of homestead and analyzes the existing problems in the establishment of farmers' qualification rights of homestead,and then puts forward my own opinions on the establishment of farmers' qualification rights system.This paper is divided into four parts except introduction and conclusion:The first part mainly introduces the background.It reveals the existing problems the current use right system it faces by analyzing cases of judicial confusion and conflict.Then it analyses the condition of homestead in idle to draw forth the policy of "separation of three powers” of homestead and the exposition of feasibility and necessity of farmers' qualification rights.The second part is to define the nature of farmers' qualification right of homestead.By analyzing the disputes about the nature of farmers' qualification rights in the academic circle,the author believes that farmer's qualification rights should be membership right,and then expounds its feasibility and necessity.The third part is to put forward the possible problems in the construction of the system of farmers' qualification rights.Because of the new concept of farmers' qualification rights,the legal system of farmers' qualification rights is missing,and there are some problems such as insufficient legal basis for establishment of farmer's qualification rights of homestead and absence of relevant specific system construction.Aiming at the problems in the third part,the fourth part puts forward some suggestions on the improvement of the farmer's qualification rights system from two aspects: the improvement of law and the construction of specific system.We will insure farmers' qualification by completing the acquisition of farmers' qualification rights,building purchasing homestead use and perfect the quit of homestead use.