Reaserch On The Circulation Of Usufruct Of Rural Residence Land Under The Background Of "The Separation Of Three Rights" Reform

In order to protect the peasants' living rights and interests from the infringement of urban residents,the state has established a system of restricting the transfer of rural residence land usufruct.However,it is increasingly out of line with the accelerating economic development speed and urbanization process,and the problems are frequent.Farmers demand the transfer system of the right to use the house site.The voice of reform is growing louder and louder.In 2015,the Standing Committee of the National People's Congress authorized 33 pilots including Yiwu City in Zhejiang Province to carry out the reform of the housing site system.Subsequently,on January 2,2018,the State Council issued the "Opinions of the Central Committee of the Communist Party of China on Implementing the Rural Revitalization Strategy"("Central No.1 Document"),officially proposing to "ownership","qualification rights" and "use" of the homestead.The right to reform the three powers.The above-mentioned thirty-three pilots have effectively explored the reform of the housing site system.Among them,the reform effect of Yiwu City is the most prominent.As early as 2015,the reform of the “three powers separation” of the homestead began.This paper will take the reform of the "three powers separation" of Yiwu's homestead as a model to explore the circulation of the right to use the homestead under the background of the "three powers separation" reform.Firstly,this paper expounds the characteristics of the transfer of the right to use the homestead and the historical evolution of the relevant legislation,clarifies the concept and characteristics of the transfer of the right to use the homestead,and sorts out the changes in the legislation of the transfer of the right to use the rural residence land in China.Secondly,through the research on the current situation of the current situation under the existing system of the house site,it is found that the existing house site system has “the idle and waste of the house site”,“the private transfer is serious but the farmers' willingness to transfer is strong” and “the dispute over the use of the house site is difficult.Solve the three problems of harming the interests of the transferee and summarize the doctrines related to the transfer of the right to use the homestead.Then,the authors summarize and comment on the "ownership","qualification rights" and "use rights" of the homestead in the background of "three powers separation".Thirdly,this paper summarizes the background,causes and reform measures of the “three powers separation” reform of Yiwu residential land,and finds that the transfer of the right to use the rural residence land in Yiwu has carried out the “homestead system reform” and “housing mortgage”.Reform of the loan system and the reform of the land voucher system.At the same time,big data analysis was carried out on the disputes of homesteads in the whole country and Yiwu City in recent years,and the disputes of homesteads in Yiwu City in 2018 were sorted out and summarized.Finally,this paper defines the "ownership","qualification rights" and "use rights" in the "three powers separation" of the homestead.And put forward six suggestions for the perfection of the system of using the right to use the homestead in this context: First,define and clarify the concept of 'three rights division' of the homestead,and propose the "three powers separation" of the homestead.Secondly,under the existing legal system,the restrictions on the transferee of the “right to use” of the house site are moderately relaxed,and the right to use the house site is allowed to be transferred across the collective economic organization.Third,the relevant supporting mechanism is improved and reformed.Before that,we should strengthen the work of confirming the right to use the house site,solve the problem of unclear ownership left over from history,and establish a scientific and effective price assessment mechanism for homesteads and houses.Fourth,improve the mortgage system for houses on the house site.Broaden the financing channels for farmers;Fifth,improve the paid-out mechanism for the use of rural residence land,refer to the establishment of “collective vouchers” and “nursing the land” mechanism;sixth,make some judicial suggestions on disputes over the use of homesteads.