| The policy of "separation of three rights" for residential land has undergone a process of "integration of two rights","separation of two rights",and then "separation of three rights" for residential land.It is an institutional response to the practical demands of rural development difficulties and prominent property values of residential land,and in this process,it constantly pursues efficiency values and fair values.The "three rights separation" policy for homestead requires the implementation of collective ownership of homestead,the protection of homestead farmers’ qualification rights,and the liberalization of homestead use rights.On the basis of protecting farmers’ residential rights,idle rural homestead and houses are revitalized,stimulating their economic value that has been suppressed.This article combs the implementation status of the "three rights separation" pilot area of homestead,and analyzes the theoretical difficulties brought about by the "identity attribute" of homestead and the "real estate integration" principle of homestead use right liberalization and rural housing transfer,which hinder the implementation of the "three rights separation" of homestead.We can build a legal lease right system for homestead and introduce the residence right system as the implementation path to address this issue.This article analyzes and demonstrates theoretically and practically the two ways to promote the development of residential land,constructs specific rules for each implementation path,meets the market demand for the diversified use of residential land and rural housing,helps local practical exploration of the "three rights division" of residential land,and promotes the growth of farmers’ income and rural economic development. |
