An Analysis Of The Property Rights Law In The Reform Of The Three Rights Division Of Homesteads

With the acceleration of the urbanization process,the number of rural population has gradually decreased,and a large number of idle farmhouses have appeared.The phenomenon of"hollow villages" is prominent.In addition,the widespread occurrence of real problems such as multiple homes and illegal construction also indicates that the laws and regulations of the homestead use right system lag behind the social and economic environment.In November 2013.the Third Plenary Session of the 18th CPC Central Conmittee proposed to select a number of pilots to explore ways to reform and improve the rural housing system.After the completion of the policy and legal preparation work,in March 2015.the former Ministry of Land and Resources selected 15 pilot counties(cities,districts)to cairy out the reform of the housing site system.In 2018,the Central No.1 document proposed a reform plan for the kbthree powers separation'' of rural housing sites.This paper takes the connotation of the property rights law of the homestead ownership.qualification right and use right as the research object.Studying the legislative objectives and value orientation of the homestead system,combining the experience of the homestead refonn pilot,analyzing the legal significance and institutional basis of the "three powers separation",and based on this,proposes the design of the "three powers separation" system for the homestead.Suggest.Chinese scholars have gradually matured their research on homestead system refonm,and the existing research results provide more sufficient information for this article.However,the research content on the right to use the homestead is concentrated on the transfer of the right to use the homestead.The research on the ownership,qualification and use of the homestead is not sufficient.The article is divided into four parts.The first part analyzes the dilemma of the ownership and ownership of homestead ownership in reality,and attempts to propose a specific plan to get rid of this dilemma.That is to say,on the one hand,it insists that all the homesteads are unshakable.on the other hand,it legally clarifies the ownership of the homestead,refines the rights of the ownership of the homestead,and improves the realization of the ownership of the homestead.The second part takes the right of homestead qualification as the research object.After analyzing the relationship between the qualification rights and the membership rights,the similarities and differences between the qualification rights and the shareholders' rights are compared,and the legal connotation and legal nature of the qualification rights are clarified.Qualification rights are a special form of membership rights.The system design of qualification rights can draw on some aspects of shareholder rights.Orn the basis of summarizing the relevant provisions on the qualification of collective membership,the basic conditions for obtaining the right to qualify for the homestead,the content of the right to the right to compete and the various reasons for the elimination of the qualification rights are explored.The third part is based on the development history of the right to use the house site,and finds the source of problems such as the prevalence of gray trade in the use of homesteads and the illegal occupation of illegal construction.In order to realize the basic goal of homestead reform,the conditions and procedures for obtaining and withdrawing the right to use the house site are determined,the content of the right to use the house site is clearly defined,and the exercise mode of the right to use the house site is reasonably regulated.After summarizing the above contents,the fourth part looks forward to the institutional vision of the separation of the three powers of the homestead.