Legal Research On The Right To Use Homestead Under The Background Of "Separation Of Three Powers"

Rural homestead system is an important land system unique to our country,and every reform and development of it is of great importance to the whole country.In the past,China mainly adopted the homestead system of "the separation of the two rights",but with the development and change of social economy,the system mode of "the separation of the two rights" can no longer meet the needs of the times,and there have been many practical problems restricting social development,such as idle homestead,waste of land resources,the rights and interests of farmers damaged.The CPC Central Committee and the State Council’s opinions on the implementation of the rural revitalization strategy,No.1 Document of the Central Committee of the Communist Party of China in 2018,put forward a reform strategy of "separating the three powers",namely,"separating the rights of ownership,qualification and use of homestead from each other." To solve the existing legal problems in the countryside.At present,there are 33 pilot areas of "separation of three powers" in our country,and each pilot area has made beneficial exploration for the implementation of "separation of three powers" according to the local actual situation,providing the direction for the full implementation of "separation of three powers".ln this paper,according to the Literature Review,empirical investigation,problemfinding,problem-solving ideas,the use of Literature Summary,empirical investigation,case analysis,historical analysis of four analysis methods,this paper makes a detailed exposition and analysis on the outline of the "separation of the three rights",the connotation and characteristics of the right to the use of homestead,the legal problems faced by the right to the use,and the successful experience of the typical experimental areas of the "separation of the three rights",on this basis,I put forward my own suggestions on the legal regulation of the right to use homestead,this article is divided into five parts:The first part introduces the research background,research significance,research methods and innovation and other basic information.Through the literature understanding of the homestead system at home and abroad on the status quo,to lay the foundation for the following research.The second part is to the homestead "three rights separate" outline.Through combing the historical development process of the homestead system in our country,we understand that the proposal of "the separation of three rights" is to solve the contradiction between the residential security of homestead and the realization of property value.The separation of three rights divides the original homestead ownership and the right to use the homestead into three rights: the right to own the homestead,the right to qualify the homestead,and the right to use the homestead.It provides the basic theory support for the research of the right to the use of homestead.The third part is the thorough analysis of the right to use homestead under the "separation of three rights".Starting from the connotation of the right to use homestead in the "separation of two rights",this paper analyzes the similarities and differences between the right to use homestead under the "separation of three rights" and the right to use homestead under the "separation of two rights",in this comparison,the author summarizes the properties and characteristics of the right to use homestead under the "separation of the three rights".The exercise of the right to the use of homestead and the embodiment of its value can not be separated from the circulation.The central task of the homestead system under the "separation of powers" is to relax the right to the use of homestead,so the realization of the right to the use of homestead must start from the lease and transfer,extend to mortgage,inheritance,paid exit and other forms,to maximize the property value of homestead.The fourth part mainly carries on the present situation inspection to the housing land "three rights separation" pilot area,from the housing land "two rights separation" under the real predicament which the right to use faces,to "three rights separation" typical pilot area’s concrete practice,in order to find a fundamental solution to the problem,we have summarized the beneficial experience of the pilot area,and have also seen the existing legal difficulties in the pilot area.The fifth part is the suggestion to the house land use right legal regulation path.Based on the above basic research and the empirical investigation in the pilot areas,this paper points out that the regulation of the right to use homestead under the policy of "separation of powers" should start from five aspects: first,the main qualification of the right to use homestead;Second,the implementation of Housing Land Ownership Registration System;third,the construction of housing land use right transfer specific rules;fourth,the establishment of Housing Land Value Evaluation Mechanism;fifth,the Protection of housing land use right subject’s legitimate interests.The fifth chapter is the concrete elaboration of these five suggestions.