Research On The Use Right System Of Homestead Under The "three Rights Separation"

The usufruct system of homestead in China plays an important role in the construction of land system.Since the establishment of the right to the use of homestead system,it has been undertaking the function of ensuring the peasants to live in a dwelling place,which plays an important role in maintaining the stability of the rural society.However,with the rapid development of China’s economy and the rapid urbanization,the current system of the right to the use of homestead has gradually failed to meet the farmers’desire to give full play to the property value of the right to the use of homestead,and the problem of the right to the use of homestead has gradually emerged,our country also more and more realizes the homestead right of use system to need to reform urgently.Since 2015,a total of 33 pilot sites have been authorized to carry out housing land tenure reform in China.On January 2,2018,the opinions of the CPC Central Committee and the State Council on the implementation of the Rural Revitalization Strategy("the first document of the CPC Central Committee")outlined a policy on the separation of the "ownership","right of eligibility" and "right of use" of residential land.The policy of "separation of the three rights" put forward in the first document of the Central Committee undoubtedly provides direction and train of thought for the reform of the right to the use of homestead.Therefore,through the way of combining theory with practice,using the methods of comprehensive analysis,Literature Research,empirical analysis,Comparative Study,and so on,this paper aims at the problems existing in the current homestead and the reform measures,the scope,legal connotation and legal structure of the "separation of the three rights",the structure and content of the right to the use of homestead after the reform,the risks in the reform and the preventive measures are analyzed,the new construction of the right to use homestead under the policy of"three rights separated" is put forward.First of all,this paper summarizes and comments on the different views on the policy interpretation of "separation of three rights",summarizes and reflects in different views,summarizes and analyzes the policy implication and legal connotation of "separation of three rights",it is concluded that the legal structure of"three rights division" of homestead is "the ownership of homestead—the right to use the homestead as a sub-right to use the separation of rights".Secondly,through the summary of the current situation of the right to the use of homestead,at present,there are some problems in the right to use the homestead,such as "it is difficult to use the homestead resources effectively","restricting the circulation and promoting the hidden transaction market","forbidding the mortgage to hinder the farmers’ financing",and so on,summed up the current housing land use right reform pilot to get rid of the current plight of the attempt,mainly housing land use right to withdraw,mortgage,circulation,lease several attempts,combining theory with practice,this paper analyzes the connection between the policy of "separation of three rights" and homestead,and further defines the scope of "separation of three rights" and the right to use homestead under this policy,and clarifies the direction of reform.Thirdly,this paper analyzes the construction of the right to use the homestead after the reform of the three-power separation by combining the connotation of the"three-power separation" and summing up the experience of the pilot.The newest characteristic of the right to use homestead under this policy is to establish the right to operate homestead,and to analyze the composition of the right to operate homestead.At the same time,under the policy connotation,the content of the right to use the homestead should also be adjusted,mainly reflecting the new rights can invigorate the idle homestead.It concludes that the system of the right to use the new homestead is a double-layer system of the right to use the homestead as the management right of the homestead.Finally,this paper analyzes the risks and preventive measures in the reform of the right to use homestead.There are three risks in the reform,that is,"farmers lose their homestead in pursuit of short-term interests","market speculation disturbs homestead system",and "excessive interference of administrative power affects the stability of rural areas".In view of the above risks,this paper puts forward the following three preventive suggestions:First,to further improve the housing land use right examination and filing system,especially for the measures to revitalize housing land,but also to strictly review and filing;Third,improve the Democratic consultation system and dispute relief mechanism.