On The Qualification Rights Of Farmers In The "Three Rights Separation" Of Homestead

In 2018,the Central Committee of the Communist Party of China and the State Council issued an important policy document on the "Opinions on the Implementation of the Rural Revitalization Strategy",which clearly affirmed the right structure of the"three-rights separation" of homesteads,and implemented the separation of ownership,qualification rights,and use rights.The reform direction of the new "three powers" model.At present,there are not many researches on the qualification rights of farmer households in the academic circles.It is of practical significance to carry out further research on the qualification rights of farmer households in order to improve the "three rights separation".Therefore,this article focuses on the issue of rural household qualification rights under the three-right separation of homesteads,and conducts a more in-depth study and discussion.This article is divided into four parts:The first part is the proposal of the farmers’ qualification rights of the "three-rights separation" of the homestead.The "separation of two powers" model of homestead has problems of power conflicts,waste of homestead resources,and confusion in judicial judgments.Therefore,since 2000,my country has issued various documents to gradually explore the reform of the "three rights separation" of homesteads.The proposal of"separation of the three rights" is a perfection of the "separation of the two rights",through institutional innovation to solve the various problems faced by the homestead,to achieve the balance between the security function of the homestead and the property function.The second part is the connotation of farmers’ qualification rights.The right of farmer household qualification is a newly created right whose purpose is to share part of the functions of the right to use homestead under the "separation of two rights".Therefore,it is a compound right with strong identity,security and property properties.From the perspective of policy analysis,the proposal of the qualification rights of farmers can guarantee and promote the realization of collective ownership of homesteads,guarantee the balance between farmers’ property rights and housing rights,and the deactivation and circulation of the right to use homesteads.The third part is the determination of the qualification rights of farmers in the"three-rights separation" of the homestead.This part analyzes the three main viewpoints of the farmers’ qualification rights.This article believes that the qualification rights of farmers should be defined as membership rights.The right of farmer household qualifications should be a kind of right with expected benefits,and a right with the nature of membership rights with both identity and property.Farmers are eligible for the right to use homesteads because they are members of collective economic organizations.The right to qualify for farm households comes from the ownership of homesteads,and collective economic organizations are the owners of the right to use homesteads.The qualification rights of farmers are in line with the characteristics of membership rights.According to the No.1 Central Document,they tend to distinguish qualification rights from farmers’ housing property rights,and it has a theoretical basis to characterize it as membership rights.In practice,all localities have defined farmers’ qualification rights as membership rights,and good results have.also been achieved in actual reforms.The fourth part is the structure of the qualification rights of farmers in the"three-rights separation" of the homestead.The subject of the qualification rights of farmers should be members of collective economic organizations,and the rights include:the right to request the distribution of homesteads,the right to requisition and compensation by the government,the right to supervise the use of homesteads,the right to benefit from homesteads,the right to remedy homesteads,the right to withdraw from homesteads,and the right to reside.,Other procedural rights.By clarifying the principles of identifying the subject of the qualification rights of farmers,establishing and improving the registration system of the qualification rights of farmers,so as to realize the optimization of the identification system of the qualification rights of farmers.Through the design of specific systems and norms such as homestead income rights,distribution rights,circulation rights,and dispute resolution channels,the power of the qualification rights of farmers can be further improved.