Research On The Realization Mechanism Of The Income Power Of The Homestead Use Right

China's "Property Law" establishes homestead use right as the use property right,but because the right to use the house site has strong social security and welfare,the rural residents can only use the homestead to construct rural houses and related ancillary facilities.The homestead use right as a income right has a narrow range of powers and the right to benefit is completely ignored;on the other hand,the transfer of the right to use the homestead is severely restricted,so the homestead and the farmhouse are idle as a sleeping asset.In the pilot reform of the homestead,homestead use right with private rights is highly vulnerable,but there is no effective remedy.These reasons ultimately lead to the inability to realize the income right of the homestead.It is undeniable that homestead use right system has played an important role in safeguarding the peasants' right to exist and the country's political and economic system in the era of planned economy in China.However,after the implementation of the market economic system in the reform and opening up,the process of industrialization and urbanization has a huge impact on the system of homestead use right.Rural residents entered cities to work,resulting in a large number of rural homesteads and farmhouses being idle and resource redundancy.The root of these problems lies in the fact that the creation of the right to use homesteads in China is unpaid.The value is to pursue fair distribution and welfare protection,thus it obliterates the property attribute of the homestead use right as a private property.According to research,when the rural social security system is not yet perfect,the transfer of the right to use the homestead cannot be completely banned,but it cannot stick to the status quo.Under the premise of adhering to the rural revitalization strategy,homestead use right and the realization mechanism of the income right to use the homestead should be properly released and constructed.Specifically,the scope of power of the right to use the homestead should be expanded first,and the law that the right to use the homestead has the income right and a range of disciplinary right should be clearly stipulated.Secondly,taking the "Three-right separation" of house sites as the entry point,under the premise of maintaining the original "Two-right separation" logic of the homestead,we introduce the legal leasehold right of the homestead,and use the homestead through the allocation of rights to the "homestead ownership+homestead use right+homestead legal lease right",achieving a proper circulation of the right to use the homestead.When the owner of the house site transfers the farm house to the outside or the bank realizes the mortgage,the transferee obtains the ownership of the farm house and the legal lease right of the house site and pays the corresponding land rent.The non-members of the group can also obtain the ownership of the farm house through inheritance or gift,as well as the legal leasehold right of the homestead is obtained accordingly;when the transfer is made internally,the members of the group obtain the complete right to use the homestead and the ownership of the farmhouse,and there is no need for intervention of the legal leasehold right of the homestead.Through the establishment of the legal leasehold right of the house site,it can avoid the restrictions on the transfer of the right to use the house site by relevant laws and regulations,and take the right to use the homestead,such as mortgage financing and rural housing joint ventures to increase the farmers' property income.Finally,in the process of constructing the income-generating mechanism of the right to use the house site,the relevant supporting system should also be improved,such as improving the registration system of the right to use the house site,establishing a reasonable distribution system for the transfer of the right to use the house site,and improving the rural social security system.