| 英文摘要 |
The right of homestead qualification is a new concept proposed under the “three-right separation” reform in rural land. It is the embodiment of the rural collective membership right in the homestead field, which has the characteristics of identity, property and guarantee, meanwhile, because homestead is an important subsistence material, the homestead qualification right has many kinds of attributes, such as membership right, existence right and private right. Although the source and nature of the rights are not the same, but the “three rights” on the homestead have property rights. The right of homestead qualification is separated from the collective land ownership, and the ownership and use right of the collective land are connected to form the gradient pattern of “the same ancestors and the same clan”. The three are independent and closely related, and work together to realize the land collective ownership unshaken, farmers’ interests undiminished, land use efficient. In order to promote the reform of the “three-right allocation” of homestead, the right of homestead qualification should include rights as the rights of claim, the right to use, the right to manage, the right to benefit and the right to dispose. |
