A Study of Separation of the Qualification Right and the Use Right of Homestead
Currently,the "separation of three rights" of homestead has become an established policy orienta-tion,but the legal expression of homestead qualification rights and use rights in the theoretical community has not yet formed a final conclusion.The focus of the debate mainly focuses on whether it is feasible,necessary,and how to separate.After examining the legal content of homestead qualification rights and use rights,it can be seen that there are differences between them in many aspects such as the subject of rights,content of rights,nature of rights,and the channels of rights relief.This indicated the theoretical feasibility of the separation.If the qualification right and use right of homestead are not separated,it is easy to overload the function of the homestead use right itself,thereby hindering its orderly circulation,and even limiting the function of rural housing property.This indicated the practical necessity of the separation.Based on this,the establishment of homestead qualification rights and the improvement of homestead use rights should be the practical approach,providing normative support for the separation of the two.This can fully demonstrate the theoretical value and systematic effect of the "separation of three rights" of homestead,and better demonstrate the general rules of the homestead qualification rights and use rights.
homestead qualification righthomestead use rightseparation of rights
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维普
