The Logic of Three Rights Separation and Identification of the Rights Group of Contracted Land and Homestead:Triplet Deconstruction from the Perspective That Transcends Dualism
In order to resolve the differences in the logical applicability and the nature of rights in the"Three Rights Separation"of rural land,based on the post-Hegelian dialectic,a philosophical paradigm triplet,this paper deconstructs this concept and puts forward the proposition that"the Three Rights Sepa-ration'can be deconstructed using a triplet".Through the interpretation of this proposition,the paper con-cluded that ownership and use constitute the fundamental contradiction of rural land property rights,while identity and non-identity,hierarchy and equality are the main contradictions.The paper took the propo-sitional justification as the main line based on the understanding of contradictory relationships and their characteristics,and took the internal justification and the logical justification of the Others as clues.It put forward and justified the proposition and the legal logic of"Three Rights Separation".Based on the legal logic of"Three Rights Separation",the nature of the separation of three rights of the contracted land is clarified.The management right under the separation of the two rights should be a creditor's right to use,and the management right under the"Three Rights Separation"should be the right to use in rem.The le-gal logic of this Separation is applied to homesteads,and it is clarified that the qualification right should be the right to use the homestead,and the right to use should be the secondary property right to use.
tripletthe logic of "Three Rights Separation"contracted landhomestead
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