| The transfer of the right to use rural homesteads has always been one of the core issues of China’s homestead system.The transfer of the right to use homesteads in China has gone through a process from free flow to strictly restricted transfer to exploration transfer.At present,the security function of homesteads has been weakened,and the property functions need to be played.However,laws and regulations such as the Land Management Law and the Property Rights Law have substantially restricted the free circulation of homestead use rights,resulting in a large number of homesteads being idle and abandoned.low efficiency.At the same time,the peasant houses on the homestead cannot be circulated together with the homestead due to the principle of "walking with the house",thereby damaging farmers’ property rights.In 2018,the Party Central Committee and the State Council proposed the major land reform policy of "separation of three powers" on homesteads,and proposed the "three powers separation" of homestead ownership,eligibility,and use rights,marking the “two separations of homestead ownership and use rights”.The era of "separation of power" is over.At this stage,the legal regulations on homesteads are only scattered in some departmental laws,lacking systematization and standardization.Regarding the "three powers separation" of rural homesteads has temporarily stayed at the level of policy expression,China has not yet established the "three powers separation" system of rural homesteads in law.The relevant legal research is still in the exploration stage,but the rural homesteads The institutionalization of the "three powers separation" policy has been put on the agenda.China is the first to reform the transfer system of the right to use homesteads in pilot areas,allowing the transfer of the right to use homesteads.On the basis of learning from the experience of the pilot regions,adhere to the basic principles of protecting farmers ’legitimate rights and interests,balancing efficiency and fairness,and protecting cultivated land,and revitalize the homestead by constructing a reasonable transfer market,formulating special homestead transaction procedures,and improving the homestead transfer supervision system The right to use is the more reasonable path choice at the moment. |
