The Legal Connotation And System Consideration Of The "three-rights Separation" Of The Homestead

The homestead use system carries the political and social functions of social security.The top-level design,legal construction,and system formulation of the homestead use system have historically been areas of great social concern and sensitivity.The reform of the housing site use system also involves the balance of rights and the game of interests among all parties in the society.The innovation of the system is to seek a win-win process in various games of rights and interests.Taking fairness,stability,and efficiency as the value orientation,comprehensively considering the balance between property functions and security functions,balancing the game between stable value and efficiency value,introducing a statutory lease right system to build rural homestead ownership,rural homestead use right,and statutory leasehold.The system of separation of powers breaks through the restriction of the transfer of rural houses to rural collectives,explores the redefinition model of "consistent house and land," and prevents the "Secret trade" and "invisible transaction" from destroying the concept of the rule of law.It is also a response to the modernization of homesteads in the new era.