Research On The Issues Of The Circulation Of Homestead Use Right Under The Background Of "Three Rights Separation"

The current "Land Management Law" prohibits the free circulation of the right to use homesteads.However,the regulations prohibiting the free circulation of the right to use homesteads have caused rural homesteads to face a serious waste of land resources.At the same time,with the improvement of farmers’ education level,the desire to realize the property value of homesteads has become stronger and stronger.In practice,the circulation of homesteads mainly in the form of illegal trading,leasing,replacement,and inheritance has been increasing.The more,due to the lack of clear legal basis in the transfer process,the disputes in the transfer process emerge endlessly,and the problems of inconsistent judicial judgments become more prominent.It can be seen that the legal system of homesteads is no longer suitable for the current social development and needs to be reformed.Since the State Council formally proposed to carry out the reform of the three rights separation of "ownership","qualification rights" and "use rights" for homesteads,pilot areas such as Yiwu City,Zhejiang Province have explored the "three rights separation" of homesteads in their respective areas,Yiwu,Zhejiang is one of the more effective regions.This article is mainly written in the following way:The first part introduces the purpose of the reform of "separation of three rights" and how to arrange the three rights under the background of "separation of three rights",which focuses on the analysis of the content of the right to use homesteads.The second part introduces the current status of the circulation of homesteads in my country.The current circulation of homesteads in my country is mainly manifested in four forms: illegal sale,lease in disguise,replacement,and inheritance.The homestead system also faces serious waste of resources and disputes during the circulation.Too much,difficult to balance interests,and inconsistent judicial judgment standards.The third part takes Yiwu City,Zhejiang Province as the object of analysis,and summarizes the trial situation of the housing site use right case in Yiwu City through the analysis of the dispute over the right to use homestead in Yiwu City in 2020.Then I summarized the reform of "three rights separation" in Yiwu City,and found that Yiwu City mainly carried out homestead confirmation and real estate evaluation,explored the implementation of homestead mortgage,and classified the city homesteads to ensure that households have housing.,The unified judgment standard has cleared and historically left cases,and classified and concentrated solutions to the problems that occurred during the circulation of the right to use homesteads in Yiwu City.The fourth part is about the reform of my country’s homestead system,combined with the problems found in the pilot reform and the summary of successful experience,we believe that in order to achieve the goal of "separation of three powers" for homesteads,first of all,in the "Civil Code",In the case that the "Land Management Law" has unclear legal provisions on the transfer of homestead use rights,in the next round of legal amendments,the relevant provisions for the transfer of homestead use rights will be added to solve the problem of unclear legal provisions.Secondly,it is necessary to confirm the rights before the transfer,determine the right holders of the homestead use rights,and conduct a price evaluation of the homestead and the houses on the ground.The price evaluation involving the government is conducive to stabilizing the market price of the homestead.Third,it is necessary to establish a system of paid withdrawal and paid use of the right to use homesteads,and collect user fees for those who use the right to use homesteads in excess of the standard,and encourage them to withdraw from the homestead with compensation.Finally,it is necessary to expand the scope of transfer of the right to use homesteads to members of other rural collective economic organizations,promote the flow of homesteads,and help revitalize idle homestead resources.The reform of the circulation system of homestead land use rights under the background of "three rights separation" is another major reform of my country’s agricultural land system.This reform is not only a legal issue,but also a policy issue.Only when legal support and policy are given a two-pronged approach,can the goal of the reform be truly achieved.