Research On Legal Issues Of "Three Powers Separation" In Rural Homestead

Rural homesteads,rural agricultural land,and rural cultivated land are not only the main assets of farmers,but also the“sting needle of the village”to ensure the peasants’ live and work in peace.Among them,the dual nature of the property function and security function of the rural homestead determines its importance and complexity in the rural land management system.Since 1949,China has continuously explored a homestead system that is consistent with the current status of rural social development.Practice has found that different era backgrounds require different homestead systems to match them.Nowadays,in the face of the 15%-60% vacancy rate and damage rate of rural homesteads and their rural houses,the homestead system under the framework of "separation of two rights" has not only failed to adapt to social development,but also cannot balance homesteads.This fundamental contradiction between restricted circulation and inefficient use of homesteads.Rural homesteads are one of the important assets owned by rural collectives and farmers.If the value of their assets is not reflected,it will cause a great waste of rural land assets.In order to solve these problems exposed by the current homestead system,the State Council approved the reform of homestead system in 15 pilot counties including Yiwu,Zhejiang,Yujiang,Jiangxi,and Jinzhai,Anhui in 2015 [see: "About Rural Land Acquisition,Collective Operational Construction Opinions on the Pilot Work on the Reform of the Land Use System and the Homestead System "].The pilot counties mainly adopted the basic policy of "first try first" to explore new policies and new ideas for the reform of the "three separation of powers" system of homesteads.At the same time,the "Opinions" promulgated by the Central Committee in 2018 mark the new era of rural "three powers" system reform is the fundamental method to solve the current problem of inefficient use of rural homesteads [see: opinion"].Therefore,as of 2020,the pilot county has been exploring the reform of the“three-power separation”of homesteads for as long as five years.The scope of the pilot counties has been continuously expanded,and the results that can be promoted and replicated in the pilot counties continue to emerge,basically reaching the reform of the homestead system.The decisive year.This article is based on the theme of “Research on the Legal Issues of Rural Homesteads’ Separationof Three Powers ”,and divides the whole text into four main chapters.The overall content,value,empirical analysis and path selection of rural homesteads ’“ three separations of powers ” The four aspects are comprehensively discussed in order to make up for some gaps in the current research on the homestead system.The first is to sort out the opinions put forward by domestic experts and scholars on the legal connotation of the "three powers separation" of homesteads,clarify the focus of academic disputes and put forward their own opinions.Second,based on the macroeconomic background of the“Village Revitalization” strategy in the new era,it is proposed that the reform of “separation of three powers” in homesteads is conducive to optimizing the allocation of land resources;it is conducive to the construction of homestead systems;it is conducive to the improvement of the rural governance system;The view of rural revitalization.The third is to use field surveys and policy sorting techniques in 15 pilot counties by means of field surveys and document sorting,through summarizing and making tables to explain the status of homestead reform in pilot counties,and a comprehensive perspective of rural homestead reform Facing the legal problems,extract the successful experience of the pilot counties and make a comprehensive evaluation of the practices of the pilot counties.Fourthly,on the basis of the discussion in the first three chapters,six feasible and expandable homestead “three powers” reform paths,such as accelerating rural homestead legislation and establishing supporting risk prevention and control mechanisms,are proposed to make up for domestic research Part of the blank is blank,and provides a reference for domestic experts and scholars to discuss the choice of homestead path.