Research On The Perfection Path Of Homestead Use Right Transfer System Under The "Three Rights Separation"

The homestead system in China has always been a very important land system,playing an indispensable role in ensuring the living conditions of farmers and stabilizing the social order in rural areas.At present,the problem of rural population outflow is serious,and rural villagers not only meet the needs of housing land,but also hope to achieve the "realization" needs through the transfer of housing land.However,the willingness of rural villagers to transfer homestead is limited to the current homestead system,which is difficult to achieve.The "separation of three rights" policy on homestead is a response to this social reality.To construct the circulation system of homestead use rights,it is necessary to clarify the legal structure of the "three rights division" of homestead,and transform the core ideas and objectives of the policy into legal language.This article is divided into the following four parts.The first part,the first part,clarifies the policy objectives of the "three rights split" reform of homestead by analyzing the current difficulties in the reality of homestead and the development process of homestead system.The security function carried by the right to use homestead conforms to its corresponding social background,but its property right attribute should not be ignored all the time.Real dilemmas such as a large number of idle homestead resources and a widespread phenomenon of hidden transactions,as well as inconsistent applicable standards for the transfer of homestead use rights in judicial decisions,call for institutional reform.The second part is a practical analysis of the current homestead reform pilot projects in China.This article selects four typical pilot projects,namely,Yiwu,Anji,Meitan,Guizhou,and Luxian County,Sichuan.Through the practical analysis of the homestead reform in the three regions,the advantages and disadvantages of different pilot reform models are analyzed,and the existing problems in China’s homestead reform are summarized.First,from the perspective of the typical homestead reform pilot projects mentioned above,each pilot project has different understandings of the legal nature of homestead use rights and the legal relationship under the "separation of three rights".Secondly,due to the different functional positioning and reform progress of homestead,collective construction land,and agricultural land,it is difficult to copy the "three rights separation" system of contracted land and the market entry system of collectively operated construction land in the reform of homestead.However,at present,contracted land and collectively operated construction land have achieved rich practice and have been reflected in legislation.The reform of the "three rights division" of homestead should be carried out and referred to.Thirdly,there are significant differences in the economic value of homesteads in different regions.In coastal areas,there is a large market demand for homestead with high economic value,while in the central and western regions of China,there is a small market demand for homestead,and the enthusiasm of social entities to participate in homestead reform is not high.Therefore,the property income obtained from the homestead reform cannot be used as the measurement standard for different pilot results,but rather a comprehensive standard for measuring various aspects.The pilot projects in the central and western regions should focus partly on village planning and governance.The third part is the right structure of the "three rights separation" homestead.Firstly,homestead ownership is the foundation of homestead reform,and it is necessary to clarify the subject and power of homestead ownership.Secondly,the qualification right of homestead is the premise of homestead reform,and the qualification right is a new right proposed in the "three rights separation" policy.Its legal attributes should be clarified and converted into legal language for discussion.Finally,the right to use homestead is the core of homestead reform.By sorting out the theoretical disputes on the right to use homestead,we can clarify the power structure of "separation of three rights",and choose the best path for liberating the right to use homestead.The fourth part is the improvement of the transfer system of the right to use residential land.We will improve it from three aspects: the acquisition of homestead,the circulation of homestead,and the withdrawal and risk prevention of homestead.Collective ownership is the foundation of the agricultural land rights system,and the positioning of farmers’ collectives is their rights subject,whose power content specifically covers disposal,income,and supervision.Improving the relevant system for obtaining the right to use homestead requires collective economic organizations to play their due role.According to the two ways of transferring the right to use homestead: creditor’s rights and real rights,different paths are selected according to different uses in the transfer of the right to use homestead.