The Policy Implications,Practical Exploration,and Legal Construction of the Qualification Right of Homestead Land
The system of homestead land has evolved from the"separation of two rights"to the"separa-tion of three rights",giving rise to the concept of homestead qualification rights,which serve as a key component in the structure of homestead land rights.As a legal vehicle for ensuring farmers'eligibility for homesteads,homestead qualification rights embody the reform requirement to safeguard farmers'access to housing.Under the framework of"separation of two rights,"these qualifications represent identity-based entitlements associated with homestead use;under"separation of three rights",they are crucial for realizing the goal that every household has a place to live.Farmers,as primary subjects responsible for safeguarding their own qualification rights,can achieve basic housing security through establishing these qualifications.Relevant practical explorations have highlighted typical characteristics of homestead quali-fication rights and allowed us to summarize their recognition criteria,procedures,and content.In light of potential risks arising from the"three separations"reform-such as jeopardizing fundamental housing needs for farmers,substantially weakening identity-related aspects within land use entitlements,and ex-treme interpretations regarding protective functions-it is imperative to redefine the connotation of home-stead qualification rights.This necessitates independent legislative establishment of such qualifications a-long with clear rules for their recognition and enhanced design concerning their content.Ultimately,this will facilitate a systematic construction of the institution surrounding homestead qualification rights.
the separation of the three rights of homestead landqualification right of homestead land"household housing"for farmerssystem practicelegal construction
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