Research On The Legal Issues Of "separation Of Powers" In Homestead

In 2018,No.1 central document explicitly proposed the exploration of the "three rights division" of homestead ownership,qualification and use right,and the pilot work started immediately.However,the "separation of three rights" of homestead always appears as a policy text,which is in urgent need of legal text confirmation.Moreover,the civil code promulgated in 2020 has not made a legislative response to the "separation of three rights" of homestead.The research on the legal problems of "separation of three rights" of homestead has become an urgent problem to be solved.The traditional "separation of two rights" system,the top-level design of the "separation of three rights" reform of homestead,and the legal attitude of the civil code to the "separation of three rights" have caused the legal problems of the "separation of three rights" of homestead.Only by accurately defining the ownership,qualification right and use right of homestead,and clarifying the legal relationship of the "separation of three rights",can the "separation of three rights" of homestead be achieved We should have legal legitimacy.From the practice of Yujiang County in Jiangxi Province,Dali City in Yunnan Province,Yiwu City in Zhejiang Province,Liuyang City in Hunan Province and Luxian County in Sichuan Province,the practice of "Three Rights Separation" of homestead has achieved remarkable results in relaxing the circulation scope of homestead use right,improving the economic value of Homestead,and highlighting the new expectation of the reform of the circulation system of homestead use right.But at the same time,there are also some legal problems in the "separation of three rights" of homestead,such as the virtual ownership,the lack of legislation on the right of qualification,and the imperfect circulation system of the right of use.In order to solve these problems,it is necessary to perfect the law of "separation of three rights" of homestead.The legislative definition of "Three Rights Separation" mainly includes the legislative strengthening of homestead ownership,the legislative arrangement of homestead qualification right,and the legislative expression of Homestead "right to use";improving the circulation system of Homestead "right to use" mainly includes enriching the circulation mode,clarifying the circulation scope,and improving the exit mechanism;accurately judging the disputes of homestead use right mainly focuses on transaction We should be accustomed to,standardize the sample of the transfer contract,and properly identify the apparent agency.Multi pronged approach,in order to promote the homestead "separation of powers" to speed up the process of the rule of law,service and guarantee the Rural Revitalization.