| The reform of the "three powers separation" in rural housing sites is an inevitable choice for comprehensively deepening reforms and law-based governance of the country.The "separation of three powers" of rural homestead in China is confronted with a series of difficulties,such as the virtual purchase of homestead ownership subject,fuzzy definition of qualification right,imperfect exit mechanism,low standard of expropriation compensation,unreasonable expropriation procedure and income distribution mechanism,unclear inheritance law,restricted circulation of right of use and mortgage,etc.Improving relevant laws and regulations is the key to constructing and improving the model of "three-power separation" of rural homestead.To promote the reform of "three-power separation" of homestead,the first step is to implement the homestead ownership,stabilize the homestead qualification right,and properly release the right to use the homestead.To be specific,the implementation of homestead ownership requires the legalization and unification of the homestead ownership subject,and endows the homestead ownership subject with complete management and disposal rights.The stability of the qualification right needs to clearly define the acquisition scope of the qualification right.On the basis of learning the experience and achievements of the pilot areas,the inheritance conditions and scope of the qualification right of homestead should be clarified,and the legal guarantee system of expropriation compensation and income distribution of homestead should be constructed to guide and encourage farmers to withdraw from the qualification right of homestead with compensation.It is necessary to allow the circulation and mortgage of the right to use the homestead and gradually realize the diversification of the main body of the right to use the homestead.Therefore,on the basis of summarizing the past policy experience,through the clear land ownership,improve the rural homestead exit mechanism,scientific setting procedure,compensation standard and income distribution mechanism,moderate activate the rural homestead land use right "separation division" rising demand for law is the country revitalization policy achievements.This paper consists of five parts.The first part expounds the background,research purpose,significance,domestic and foreign research review,research focus,difficulty,innovation and research methods of homestead use right.The second part summarizes the historical evolution of rural homestead use right.Based on the current theoretical development and the trend of the reform and innovation of the mode of "separation of three powers",this paper analyzes the theoretical value and significance of the right to the use of rural homestead in the new era.The third part analyzes that the implementation of homestead ownership is the primary premise of the "separation of three powers".The key to the "separation of three powers" of homestead is the qualitative use right of homestead.The independence of the use right of homestead is an effective measure to realize the rural revitalization.It is necessary to carry out "separation of three powers" in rural homestead to promote rural revitalization.The fourth part expounds the prominent problems in the mode of "three-power separation" of rural homestead,and puts forward the difficulties encountered in the mode of "three-power separation" of rural homestead.These problems are mainly loopholes and defects in the system and law.The fifth part puts forward countermeasures and Suggestions for the problems faced by the "separation of three powers" in rural homestead.By clarifying the main body of homestead ownership,improving the withdrawal mechanism of homestead,setting up the expropriation procedure,compensation standard and income distribution mechanism scientifically,and moderately activating the right of use of homestead,it is the need of rural revitalization to make the policy achievements of "three-power separation" of rural homestead into law. |
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