Study On Legal Problems Of Rural Homestead Transfer From The Perspective Of "Separation Of Three Powers"

Homestead,as a kind of precious social wealth,is the basic guarantee for the survival of farmers.With the development of social economy,the current homestead system in our country can no longer meet the needs of social development at the present stage,and there are a large number of "dormant" homestead in rural areas,leading to the function of homestead has not been fully played,so the reform of rural homestead system is urgent.Free transfer of rural homestead is the most important way to break the urban-rural dual land structure and realize the optimal allocation of land.In 2018,the concept of "Separation of Ownership,Eligibility and Use" for rural homestead reform put forward in the "No.1 Central Document" made rural homestead transition from "separation of ownership,qualification and use rights" to "separation of ownership,qualification and use rights".The reform concept of "separation of three rights" for rural homestead provides new ideas,new ideas and new methods to solve the legal problems existing in the transfer of rural homestead right under the existing legal framework.In this paper,based on reform of "separation of division" as the breakthrough point,analysis of a large number of literature,back in the land development process,studies its legal connotation,sum up the experiences of typical areas of exploration and the right to use house sites at the present stage flow state and the existing problems and the comb,in distinguish different problems,and put forward corresponding solutions in combination with the actual.This paper is divided into five parts.The first one The first part is the introduction of research background research,ignificance,research methods and innovation points.Under the background of the second part of "separation of division" summary of rural land circulation problems,introduces the "division" and separation of "ownership" of the house-site in the countryside "qualifications right" and "right" legal connotation,historical process,theory foundation and the concept of housing land use right transfer and way,laid the foundation can flow theory of housing land use right;The third part of "separation of division" of legal regulation of the rural land circulation current situation and existing problems,analysis of the land circulation in the legislative and judicial status quo,summed up the presence of large amounts of idle and waste of house-site in the countryside,the ways of land value is difficult to show,a single problem,put forward the direction for the following specific measures;The fourth part explores the circulation of rural homestead right under the background of "separation of three rights".It introduces the homestead transaction mode in Tianjin,Yiwu and Shenzhen,the pilot areas of rural homestead system reform,analyzes the advantages and disadvantages,and provides ideas for improving the circulation system of rural homestead below.The fifth part is the improvement of the circulation system of the right to use homestead under the background of "separation of the three rights".Through the above investigation and analysis,specific measures are summarized to improve the circulation system of the right to use homestead.