Study On The Legislation Of Homestead Qualification Right

With the acceleration of rural modernization,the value of homestead resources is increasingly prominent.In order to deepen the rural reform,the "No.1 Document" of the central government in 2018 clearly proposed to explore the "Three Rights Separation" of the ownership,qualification right and use right of the homestead,so as to realize the property rights and interests on the basis of ensuring the farmers’ right to live.For the first time,homestead qualification right has entered the national field of vision and become the object of theoretical and practical circles.Homestead qualification right is a social security right based on membership,which balances the relationship between residential security and homestead site living,is the quantified homestead ownership,and is the prerequisite for the acquisition of homestead use right.The legislation of homestead qualification right is conducive to the integrity of homestead property right system,the success of "Three Rights Separation" reform of homestead,and the realization of the goal of Rural Revitalization.However,homestead qualification right is only known as a policy right by the public,and it is in a state of "no evidence in law".At the same time,the lack of theoretical accumulation of the right,coupled with the different understanding of the right by the local governments in practice,leads to a variety of practice models,unable to make a unified response to the homestead qualification right legislation.The absence of the right of homestead qualification and the absence of the relevant system are not conducive to the perfection of the relevant legislation system of homestead and the realization of the goal of the reform of the "Three Rights Separation" of homestead,but also to the determination and maintenance of the relevant rights of homestead in practice,which makes the rights and interests of the right holders of homestead qualification lack reasonable legal protection,and even in judicial practice,there are disputes over the right of homestead qualification“ The situation of "no dependence",such uncertain rights are likely to cause public unease,and then cause huge social problems.In order to promote the success of homestead reform and promote the stable development of rural social economy,and make the homestead qualification right have laws to follow and laws to follow,the homestead qualification right should be put on the legislative agenda.Firstly,this paper introduces the source of homestead qualification right and analyzes the development trend of the right based on the background of homestead qualification right;secondly,it clarifies the relevant theories of homestead qualification right,and expounds the legislative necessity of homestead qualification right on the basis of combing the basic theories;finally,it introduces the revision of land management law,the formulation of special laws and regulations,and the land The third level of Fang’s laws and regulations is to construct the legislation of homestead qualification right,and to design the specific legal system of homestead qualification right in the "Regulations on the transfer of homestead use right".In addition to the conclusion,this paper consists of four parts.The first part expounds the proposal of homestead qualification right.First of all,based on the background of homestead qualification right,this paper introduces the source of homestead qualification right.Then,through the combing of relevant laws and regulations,this paper simply expounds the transformation of homestead rights,and analyzes the right trend of homestead qualification right on this basis,so as to provide the basis for the legal positioning of qualification right.The second part mainly combs the basic theory of homestead qualification right.First of all,it clarifies the basic connotation of the qualification right of residential base,analyzes its basic legal nature and constituent elements.This paper sums up the current theoretical disputes and expounds the basic theory of homestead qualification right from the legal level,which lays the foundation for the following discussion of legislative necessity and legislative design.The third part expounds the legislative necessity of homestead qualification right.In view of the fact that the homestead qualification right lacks in legislation and the reality that the practice support is not enough,this paper emphasizes the necessity of the construction of the homestead qualification right legislation,and then provides support for the legislative design of the homestead qualification system.The fourth part puts forward some suggestions to improve the legislation of homestead qualification right.First of all,combined with the current legislative experience of our country,establish a comprehensive legislative model: take "land management law" as the basic legislation of homestead qualification right;at the same time,the State Council formulates "Regulations on the transfer of homestead use right" to specifically regulate the homestead qualification right;local government outbound local laws and regulations are detailed.Then,according to the current landlegal system,the author sums up the principle of qualification right legislation,and generally guides the legislation of homestead qualification right.Finally,the article design of homestead qualification right in the regulations on the transfer of homestead use right is elaborated in detail,and the legislative construction is carried out from the acquisition,exercise and withdrawal of homestead qualification right,so as to provide standardized and unified operation guide for the practice of homestead qualification right.The qualification right of homestead is not only closely related to the living security rights and interests of farmers,but also to the realization of farmers’ property rights.Homestead reform is related to people’s livelihood,and it is the key point of deepening the reform in an all-round way.