Research On The Legal Path Of The "three-rights Separation" Of Homestead

In 2018,the No.1 Document of the Central Committee put forward the important reform objectives of the "separation of three rights in rural homestead" of rural housing sites.A series of specific forms of practice were also carried out throughout the country,providing practical materials for the studyof the "separatiori of three rights in rural homestead,of homesteads.This article demonstrates the legitimacy and necessity of implementing the " separation of three rights in rural homestea"n reform of the homestead through the summary analysis of the current homestead system and its drawbacks.Exploring the reform path of the right to use the house site,and proposing whether to implement the reform of the "separation of three rights in rural homestead,of the homestead,the speeific situation should be analyzed in detail,and it is the best policy to adapt to local conditions.First of all,it is necessary to increase the right to use the right to use the house site.On the one hand,it is clear that the house site can be used for operational purposes,and on the other hand,appropriate restrictions on the business activities that can be carried out by the farmers or social entities on the house site;For the redemption of the right to use the homestead,the farmer who withdraws from the homestead must be based on the premise of having a fixed residence and a fixed source of income,and whether or not to withdraw from the farmer's decision;Finally,the implementation of the three-right separation of the right to use the homestead will not be suspended.To carry out the system design of the“separation of three rights in rural homestead" of the homestead,first,it is necessary to clarify whether the terms "farmer's household qualification right" and "homestead and farmer house use right" proposed in the No.1 Document of the Central Committee in 2018 are appropriate.Since the newly revised "Rural Land Contract Law"passed on December 29,2018 has included the two non-legal terms "land contracting rights" and"land management rights" into the legal provisions,then the" separation of three rights in rural homestead" in the homestead.It is also understandable to directly use the "farmer's household qualification right" and "homestead and farmer housing use rights".Secondly,improve the collective by defining the main body of the homestead ownership,strengthening the management power,exploring the income power and safeguarding the membership rights of the collective organization.Third,from the legal nature of the fanner's right to ration,the relationship between the farmer'squalification and the peasant's collective membership,and the specific power of the farmer's qualification,how to strengthen the farmer's qualification in the homestead,and clarify the farmers Qualification rights are usufructuary rights,not collective organization membership rights,and grant farmers the right to grant income and regulatory power;Fourth,through the legal nature of the use rights of homesteads and peasant houses and the use of homesteads and farmers' housing rights.And how restrictions analysis can promote the activation of homesteads and peasant housing rights,and will make homesteads and peasant houses.Right characterized as a usufructuary right,in strictly limited and homestead farmers the right to use the sale of houses and mortgage financing restrictions while allowing the rental business.