Research On The "Three Rights Division" System Of Rural Homestead

China’s traditional rural homestead system structure of "separation of two rights" confirms that the ownership of homestead is owned by the collective,and farmers,as the main body of the right to use the homestead,use the homestead free and permanently.The starting point and foothold of this system is to ensure people’s livelihood.Farmers build houses on homesteads,which greatly reduces the cost of living and realizes the rational use of land resources.It plays a pivotal role in the history of rural development in China.However,with the improvement of social and economic level,the traditional homestead "separation of two rights" system has gradually deviated from its original intention,the trend of urban-rural dualization has become more and more obvious,and the contradiction between people and land has been highlighted.In this regard,the state issued guidelines and policies to explore the policy direction of the "separation of the three rights" reform of homestead land.Based on the established policy framework and the relevant experience of land pilot reform in China,this paper clarifies the state of coordinated operation among "three rights",and holds that the transformation of "separation of three rights" on homestead from policy objective to legal system should be based on stabilizing the existing rights system and insisting on the invariable collective ownership of homestead.Following this principle,it is advisable to generalize the realization mode of "separation of three rights" system of homestead as "collective land ownership--usufruct",so as to put forward some suggestions that are suitable for China’s national conditions and legislative provisions,so as to ensure the real implementation of "separation of three rights" system of homestead.This paper is divided into five chapters,the first chapter is the introduction.This part mainly gives an overall overview of the topic selection background and research status at home and abroad,describes the significance of the author’s research on the topic of "separation of three rights" on homestead land,explains the key points,difficulties and innovation points of the research,and introduces the research methods and main research contents of this paper.The second chapter,the homestead "separation of three rights" system introduction.The homestead system is a land system with Chinese characteristics.With the change of the social system,the homestead in China has been transformed from private to collective ownership and has been continued to this day,laying a certain foundation for the establishment of the system of "separation of the three rights" for the homestead.By systematically sorting out the reasons for the formation of homestead system,historical changes and the basic premise for the establishment of "separation of rights,three rights" on homestead sites,this paper clarifies the realistic basis and necessity of "separation of rights,three rights" on homestead sites,paving the way for the interpretation of the legal structure of "separation of rights,three rights" in the following paragraphs.The third chapter,Jiyang homestead pilot investigation and experience summary.By analyzing the reform mode of the pilot homestead reform in Jiyang District,Jinan City,this paper summarizes the positive achievements of the pilot areas and the problems in the process of homestead reform in Jiyang District.On this basis,it compares with other typical pilot areas in China,such as Huxian County in Sichuan Province and Jinjiang City in Fujian Province,and introduces the innovation in the recognition of collective membership right,withdrawal and transfer of homestead,so as to provide experience and reference for the reform work of "separation of ownership,three rights" of homestead in the whole province.The fourth chapter,the concrete interpretation of the legal structure of "separation of three rights" of homestead.Starting from three aspects of collective ownership of homestead,peasant household qualification right and use right of homestead,this paper expounds the subject and power of collective ownership of homestead,the construction of peasant household qualification right on homestead and the disputes existing in its nature,as well as the property right,creditor’s right and transfer mode of use right of homestead.Combined with the relevant experience of China’s land pilot reform,the state of coordinated operation among the "three rights" is clarified,and the overall legal system of "separation of three rights" for homestead land is finally clarified.The fifth chapter,the realization path of "separation of three rights" of rural homestead in China.Based on the research on the existing problems of "separation of the three rights" of homestead,the boundary of the homestead qualification right is clarified and the legal system system is established and improved from the two aspects of improving the system construction and the right mechanism.At the same time,further discussion is helpful for the operation mechanism,utilization form and guarantee system of "separation of the three rights" of homestead,so that the "separation of the three rights" of homestead in the policy can be truly implemented.