Research On The Inheritance Of Homestead Use Right Under The Background Of Three Rights Separation

In the context of the implementation of the rural revitalization strategy,China's current housing site system can no longer meet the needs of urban-rural integration and changes in rural production structure.The new round of homestead system reform aims to gradually revitalize the right to use homesteads on the basis of public land ownership and release the greatest asset effectiveness of homesteads.After the death of the last collective member in the household,should their homestead be inherited along with the house? As the reform of the homestead deepens,the property value of the right to use the homestead becomes increasingly prominent.The importance of the homestead to people is self-evident Yu,then,whether it has inheritance should be included in the research category.Limited to the legal system of the right to the use of homesteads in China,and the strong administrative color given to the right to use the homestead itself,many scholars have completely wiped out the inheritability of the right to use the homestead and seriously infringed on the right The legitimate interests of homeowners are at odds with the trend of new urbanization and land reform.Under the tide of modern reform,it is necessary to actively promote land reform and solve the contradiction between the interests of collective land and the legitimate interests of citizens,which is vital to the stability of rural social development and the realization of rural revitalization.The "three rights separation" reform policy for homesteads was formally proposed in the 2018 No.1 Central Document.Obviously,this reform policy has systematically restructured China's current homestead system.The newly established homestead eligibility right separates the identity requirements of the homestead from the right to use,and provides new ideas for the research on the inheritance of the right to use the homestead.This article hopes that under the systemic effect of the three-power separation policy on homesteads,by clarifying the historical process of China's homesteads since the founding of the country,we will understand the different policy meanings given to homesteads at various stages,and the "three-power separation".How to understand the legal implication and specific connotation of the right to the use of homesteads from the perspective of “setting”.Secondly,combing several theoretical controversies about the inheritance of the right to the use of homesteads in current academic circles and the actual situation of the right to use the right to use the homestead in contemporary rural life in China,it is concluded that the right to inherit the right to use the homestead is justified.In the context of inheritance of homesteads,it provides sufficient theoretical basis and justification for inheritance of right to use homesteads from three aspects,namely,the requirements for justice in the allocation of rights,the three rights separation policy,and the folk tradition of inheritance habits.Difficulties and resistances in the inheritance of the right to use the base in terms of the legal system,the qualifications of the subject of inheritance,and related supporting mechanisms after inheritance.Finally,on the basis of fully studying the theory of the homestead,we insist on building the homestead from the three levels of confirmation,empowerment and protection Architecture of right-of-use inheritance.