The Optimization Research Of Rural Homestead Circulation System In China From The Perspective Of"Three Rights Division"

Rural homestead is an important living space and an important property of peasant households.Therefore,homestead transfer is related to the basic survival rights and property rights of peasant households,which has an important impact on the survival and development of peasant households.In the early period,the main function of rural homestead was to guarantee the survival rights and interests of farmers.Therefore,the transfer of rural homestead was mainly prohibited and restricted.However,with the continuous promotion of urbanization,the number of idle homestead continues to increase,and farmers’ requirements for the mobilization of homestead and property functions of rural houses continue to increase.The "three rights division" is proposed to meet the needs of farmers,and a series of new requirements are generated for China’s current rural homestead circulation system.From the perspective of "three rights division",this paper USES case analysis,literature analysis and other methods to study the rural homestead transfer system from the perspective of the existing homestead transfer mechanism and transfer research.Taking yiwu city and Dali city as typical cases,the paper provides reference experience for the homestead transfer system in China.Combined with the circulation mechanism,research and analysis,and typical cases for reference to improve the homestead circulation policy and law,circulation mechanism,circulation management service system,etc.In this paper,a total of eight chapters: introduction,related concepts and theoretical basis,the current system of our country’s land circulation,the case study of rural land circulation,our country rural land circulation problem analysis,"three rights division" experimentsite area land circulation experience and enlightenment,rural land circulation system optimization strategies,the research conclusion and outlook.Chapter 1 mainly introduces the research background,research significance,research methods,research ideas,research innovation deficiencies and literaturereview at home and abroad.Foreign literature from the land property rights definition,land circulation control,farmers benefit protection three aspects to comb and domestic literature consists of land circulation dispute and the present situation,people transfer factors,land circulation market mechanism,the homestead exit mechanism,management of land circulation mechanism,the land circulation mechanism reform carding summed up a few aspects,completes the literature basis for study of this article.Chapter 2 mainly introduces the concepts of rural homestead transfer and "dual" structure,and clarifies the legal properties and powers of the current dual structure of ownership and right of use in China.This paper introduces the history,meaning and new requirements of the system of homestead transfer.This paper USES Marx’s land theory to preliminarily define the corresponding legal attributes and powers of "three rights division" of homestead,and makes a comparative analysis of the binary structure and the specific powers of "three rights division" to clarify the differences in the connotation and subject of powers.Through comparison and analysis,it is clear that the "three rights division" puts forward new requirements for the current homestead transfer,such as strengthening the collective principal position,expanding the right to use homestead,and stimulating the right to use property function.Chapter 3 and Chapter 4 systematically analyze the current system of rural homestead transfer through theory and investigation.Chapter 3 makes a theoretical analysis of the legal policies and transfer mechanism of rural homestead transfer.Through text analysis to understand the existing "dual structure" under the homestead transfer legal policy status,clear the main characteristics of the legal policy system.It also constructs the homestead transfer mechanism from the transfer form,transfer market and typical transfer mode system,and introduces various transfer forms of renting,selling and quitting,three-level homestead transfer market and several typical transfer modes--Chongqing Dibiao,Tianjin Replacement and Zhejiang Lianzhong.Chapter 4 takes Liangping District of Chongqing as an example to investigate and analyze the transfer situation of homestead,and introduces the specific implementation of the transfer system in local areas from three aspects,namely,the transfer policy,the transfer service system and the transfer status quo.Chapter 5,based on the previous literature analysis,current system analysis and research analysis,concludes that China’s homestead transfer system has lagging legal policies and low awareness of legal policies in terms of legal policies.There is a lack in theconfirmation of rights;In terms of circulation mechanism,there are single circulation form,imperfect circulation market and lack of protection for farmers’ interests.Perfect circulation management service mechanism and other issues.Chapter 6 of yiwu,the Dali "three rights division" in the land circulation system reform measures were analyzed,and the national policy,the transfer mechanism,the management service system of area circulation system reform are introduced systematically,and draw on the premise of legal policy perfect,by the living function for the construction of the circulation of the bottom line,take the market as the key link of experience.Chapter 7 combined the experience of the pilot area and the analysis of the current problems in Chapter 5,proposed countermeasures and Suggestions for the future reform of homestead transfer system in China under the "three rights division",and constructed a transfer system consisting of legal policy system,acquisition mechanism,right confirmation mechanism,transfer mechanism and management service mechanism.In the end,the paper concludes that there are differences between the demand of Chinese farmers and the current homestead transfer system,that the homestead transfer system reform under the "three rights division" has become an inevitable choice,and that the transfer mechanism is the core of the reform.