Abstract:
The implementation of "the separation of three rights" in rural homesteads can not only dispel the concerns and worries of farmers who settle in the city to lose permanently the right to use the homesteads due to the transfer of homesteads, but also prevent the shaking of the foundation of collective land ownership because the scope of homestead circulation is longer limited to the collective. The essence of “the separation of three rights” is to detach the residential security and identity attribute attached to the right to use homestead land in “the separation of two rights” under the premise of ensuring the collective land ownership, and forming the qualification right to reflect identity attributes and undertake residential security. The stripped residual power constitutes a new right to use homestead, which is to achieve the purpose of de-identity of homestead use right. Then, expanding the circulation scope of the right to use homesteads promotes the circulation of idle homesteads in rural areas, revitalizes idle homestead resources and increases farmers' property income. The qualification right under "the separation of three rights" in rural homesteads is a new type of right with identity attributes and residential security separated from the original right to use homesteads, which include expectation, income and control. The right to use homestead under "the separation of three rights" is a usufructuary right stripped of its security function and identity attribute, and its functions and powers include possession, use, income and disposition.