Research On The Legal Issues Of The Transfer Of "three Rights Separation" Of Homesteads In My Countr

With the in creasingly prominent economic value of home stead and the stimulation of supply and demand market,the invisible transfer of home stead is very common.The law does not design a good scheme for the transfer of home stead use right,but there are fuzzy and conser vative regulations everywhere.The "three rights division" policy put for ward by No.1 central do cument in 2018 is a major in novation in the toplevel design of the transfer system of the right to use the home stead.The policy of "separation of three rights" of home stead is to real ize the purpose of using the economic value of home stead by the three subjects with diversified right structure,not only maintain the security fun ction and welfare nature of homestead,but also expand the circulation scope to meet the housing and land needs of social subjects.As the legal basis for the construction of relevant systems,the reform of "separation of three powers" is bound to readjust the content of right allocation under the current "separation of two powers" system,and clarify the legal positioning and power content of the three rights under the "separation of three powers" of homestead through legislation.However,at present,there are great disputes about the nature of the three rights,especially the home stead qualification right,which is directly related to the amend ment of relevant laws.Therefore,it is part icularly import ant to reveal the right nature of the qualification right and the right to use the home stead under the "separation of three rights",clarify the boundary between the right content and reach a corresponding consensus.In addition,the limited circulation scope leads to a large number of spontaneous and blind homestead use right transactions,and the informal circulation market also makes it difficult for farmers in a weak position to seek channels for right relief.most judges adopt a conservative attitude of restraint.In order to avoid illegal risks,they quote policies to judge cases,laying hidden dangers for the court’s failure to unify and properly solve the transfer disputes,This inefficient judicial operation urgently requires legislators to find an appropriate balance between legitimacy and effectiveness.Second,the phenomenon that farmers occupy most of the homestead is serious,and the prevalence of private transfer also leads to the damage of farmers’ collective interests,which reflects that the collective economic organization does not really exercise its functions and powers as the owner,including distribution,supervision,recovery and renovation of homestead.Thirdly,it is necessary to discuss what kind of publicity method can better ensure the transaction security and enable the third party to understand the existence of the right after the reform of "separation of three rights";Fourth,the registration and certification system is not perfect,which hinders the efficiency of circulation.and evaluates the reform results.Only by observing the practice of local revitalizing idle homestead,can we analyze the legal obstacles in the re form process of "separation of powers" of home stead,which is mainly reflected in the lack of theoretical basis and system supply.First of all,this paper analyzes the fun ctional value of "separation of three rights" of home stead based on the actual situation,and summarizes the circulation mode that con forms to the legal con notation of "separation of three rights" of home stead.Secondly,as the theoretical basis for design ing the system of "separation of the three powers" of home stead,the legal orientation and power content of collective ownership of homestead should be clarified,and the exercising subject of homestead should be emphasized.Collectively owned and given full rights;The nature of home stead qualification right under "separation of po wers" is me mber right,and the right of use und er "separation of powers" is different from the right of use of homestead stipulated by current law.The form er is the right to use home stead without id entity restriction,which becomes the floating capital of farm ers and can be transferred bet ween urban and rural areas.Finally,to truly realize the reform of home stead use right transfer system,it not only needs systematic and meticulous top-level design,but also concretized into operable rules and implemented correctly.At the same time,based on the practical needs,set the necessary procedures for the limited external transfer of homestead.Therefore,it is necessary to reflect on the above legal issues and put forward countermeasures before the "separation of powers" policy of homestead is truly raised into law.Therefore,it is necessary to reflect on the above legal issues and put forward countermeasures before the "separation of powers" policy of homestead is truly raised into law.On the basis of steadily expanding the scope of circulation,we should build a smooth and complete circulation system along the reform direction of "liberalizing the right to use Homestead",so that the interests of all parties can be guaranteed.Only in this way can we ensure the "separation of three rights" of homestead The vitality of the system,while responding to the demands of farmers’ interests,speeds up the revitalization and utilization of idle resources.