Resources Science ›› 2021, Vol. 43 ›› Issue (7): 1419-1427.doi: 10.18402/resci.2021.07.11

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Structure and realization of rural homestead development right under the Separation of Three Rights

E Shixuan(), WANG Zhaolin()   

  1. School of Public Administration, Chongqing Technology and Business University, Chongqing 400067, China
  • Received:2021-04-15 Revised:2021-07-14 Online:2021-07-25 Published:2021-08-27
  • Contact: WANG Zhaolin

Abstract:

The purpose of this study is to examine and clarify the right structure and form of realization of rural homestead development under the Separation of Three Rights, which has important significance for promoting a new round of deepening the reform of rural homestead system, protecting farmers’ rights and interests, and increasing farmers’ property income. This study adopted an inductive summary and legal analysis method, systematically explained right necessity and connotation and legal attribute of rural homestead development under the Separation of Three Rights, and examined and clarified the right structure and form of realization of rural homestead development. The results show that: (1) Rural homestead development right under the Separation of Three Rights refers to the rural homestead development right beyond the function of residential security when rural homestead is expanded to new industries, new business forms, and the integrated development of primary, secondary, and tertiary industries. Rural homestead development right is a kind of dynamic property right derived from rural homestead ownership and its right to use, stemming from ownership, and its legal attribute is a civil right (private right) in legal term. It is a new usufructuary right; (2) Rural homestead development right subjects should be hybrid, where the collectives enjoy the first level rural homestead development right derived from ownership, farmers enjoy the secondary rural homestead development right derived from the use right, and social subjects enjoy the third level rural homestead development right derived from the management right. The material form of rural homestead and its development potential should be treated as a whole and act as the object of rural homestead development right. The content of rural homestead development right is the summation of its main rights and obligations; (3) The realization of rural homestead development right should define collective economic organizations as ownership subjects and endow rural homestead ownership with complete rights and powers; incorporate their qualification into collective membership rights through legislation, and establish a system for statistical accounting; innovate the business circulation and sharing and co-construction mode of the transfer of rural homestead development right. Distribution of the value-added income in the transfer process of rural homestead development right should take into account the interests of farmers’ collectives, farmers, and social subjects. The research of this paper provides theoretical reference and policy enlightenment for deepening the reform of rural homestead system.

Key words: Separation of Three Rights, rural homestead development right, legal analysis, right structure, civil rights, hybrid agent, realization form