| Over the past 40 years of reform and opening up,with the solution of the issue of "three rural areas" and the proposal of the rural revitalization strategy by the CPC Central Committee,the quality of life of rural villagers has been constantly strengthening and the rural population has been flowing into cities for work.However,the outflow of the rural population makes the rural homestead appear a series of "idle" phenomenon.Our current Land management law restricts the circulation of land,making the rural homestead use right unable to realize the limited circulation.In the real life,the circulation of illegal trade,lease,replacement and inheritance of a series of living houses becomes increasingly serious.Because there is no clear legal basis for the transfer of the right to use the homestead,farmers will inevitably have various disputes when they deal privately.Therefore,the legal system of rural homestead is not suitable for the rapid development of social economy,and then the exploration of "three rights separation" of rural homestead comes into being.This paper collates and analyzes the literature on homestead system,reviews its development history,studies the basic concept characteristics and legal nature,and builds a new mode of homestead use right circulation by combining the reform practice of Yiwu City and Dali City.This paper consists of the introduction,the main body and the conclusion.The main body is as follows: the first chapter mainly describes the homestead use right circulation system under the "separation of the three rights".Divided into five sections it has written the historical evolution of the rural Homestead system of our country.Reasons for the reform of homestead use right system;The connotation of homestead ownership and homestead qualification;The characteristics and main contents of the right to use homestead and the theories related to the transfer of homestead.By discussing the legal meaning of the ownership,the qualification and the right to use the Homestead,the author focuses on the analysis of the nature and basic contents of the right to use the Homestead,and then studies the cause of the reform of our country’s right to use the Homestead.Then,it expounds and compares three theories about the circulation of the right to use homestead,namely,the theory of prohibiting circulation,the theory of free circulation and the theory of restricting circulation.The second chapter mainly introduces the practical experience of the right to use the homestead in the reform pilot area.First,the author writes the background of Yiwu homestead reform,the measures of homestead reform and the enlightenment of Yiwu homestead reform mode.Then the author wrote the historical evolution of the management of rural homestead in Dali City,the existing problems of rural homestead in Dali City and the advancement of the reform of rural homestead in Dali City.Finally,a comprehensive analysis of the two pilot areas under the background of "three rights separation" homestead use right circulation faced by the problems.The third chapter mainly describes the effect of the homestead use right circulation system under the background of "three rights separation".The first is to guarantee the right to use farmers’ homestead,the second is to highlight the collective ownership of homestead village,thus forming the rudiment of "three rights separation" of homestead in Dali pilot area.The fourth chapter tries to design the limited transfer of the right to use of homestead under the separation of three rights,that is,under the guidance of the principle of protecting farmers’ interests and the principle of public power intervention,to clarify the concept of "separation of three rights" and the basic principles of reform.Clarify the nature of homestead right and improve the structure mechanism,relax the restriction of homestead right subject;We will establish a mechanism for paying for the withdrawal of the right to the use of residential land,improve the risk prevention mechanism for the transfer of residential land mortgage,and improve the system for the paid use of rural residential land,so as to ensure that farmers and collective interests are not damaged in the transfer of the right to the use of residential land. |
