| In 2018,the Party Central Committee pointed out for the first time in the No.1 Document of the Central Committee that it is necessary to pay attention to the problem of idle housing in rural areas.It is necessary to fully and seriously investigate and listen to the suggestions of all parties.Based on the existing "two-rights structure" property rights system of the homestead,The new “Tripartite System” property rights system with the collective ownership of the homestead,the right to farmership,and the right to use the homestead are the core,and adhere to the principle of rural public ownership,taking into account the social welfare and property attributes of the homestead.In 2019,the No.1 Document of the Central Committee continued to propose to steadily promote the pilot reform of the homestead,explore ways to release the livelihood,and increase farmers’ income.At the same time,in the implementation opinions of the Central Committee of the Communist Party of China and the State Council on the development strategy of “Rural Revitalization”,the specific requirements for the reform of the rural housing system were put forward,emphasizing the need to continue the reform and exploration of the “Tripartite System”.The principle of intensive use and voluntary withdrawal,and strict investigation of land use,prohibiting illegal land circulation.Deeply understanding the inherent meaning of "Tripartite System",correctly interpreting the power structure of "Tripartite System" and accelerating the exploration of the realization of the "Tripartite System" is a major theory and practice for deepening the reform of the property rights system of rural housing sites.First of all,this article takes time as a clue to review the historical evolution of the power structure of China’s rural housing estate property rights system since the founding of New China.Combining the economic environment characteristics of each stage of society,the legal provisions of the housing estate property rights are explained.From the point of view of the power structure,this paper analyzes the historical origin and theoretical basis of the transformation of the two-right structure of the property rights system of the homestead into the Tripartite System,and explains the re-segmentation and combination of the ownership of the property rights of the homestead.The historical power of the farmer’s qualification right and the right to use the homestead provides a historical reference.Secondly,this paper conducts a detailed study on the collective ownership of the homestead,the qualification of the farmer,and the right to use the homestead,which are elaborated from three perspectives: the definition of power,practice and implementation.In terms of collective ownership,it focuses on the analysis of the "two-rights structure" into the "Tripartite System" under the inherent power and new power,adhere to the rural land public ownership unwavering,and combined with the practice of the county,to obtain collective ownership feasible In terms of farmer’s qualification rights,it focuses on analyzing the legal connotation and specific power of qualification rights,how to divest from the right to use,so that the housing estate property rights system still adheres to the social welfare of farmers,and combines the practice cases of Yiwu to obtain the qualifications of farmers.The feasible realization path of the right;in the use of the right to use the homestead,focus on the analysis of the "two-rights structure" into the "Tripartite System" under the inherent power and new power,highlighting the right to protect the farmers’ own property income,and combined with Dali’s In practice cases,the feasible implementation path of the right to use the homestead is obtained.Finally,from the logical structure of the Tripartite System,this paper analyzes the internal relations of the three powers,and the power conflicts that may occur in the concrete practice,focusing on the illusion of collective ownership in the reform of the "Tripartite System " of the homestead.The two aspects of the infringement of the right to use the homestead on the right of the farmer are released,and corresponding solutions are proposed accordingly.This paper attempts to provide a basis for the reform of the Tripartite System of Rural Homestead proposed by the Party Central Committee in the context of rural revitalization,and cites some practical cases of reforming pilot counties.Finally,under the premise of ensuring the implementation of the policy of “consolidating the collective ownership of homesteads,guaranteeing the right of farmers in housing sites,and appropriately using the right to use homesteads”,the implementation of the reform of the Tripartite System of Rural Homestead is aimed at The market mechanism is used to fully mobilize the enthusiasm of farmers’ trade,give full play to the benefits of the right to use,release the vitality of rural land,maximize the land property income of farmers,harvest greater reform dividends,and accelerate the process of rural urbanization. |
