Innovation of"Three Rights Separation"in the Path of Homestead Reform in China:From the Perspective of Statutory Leaseholders'Rights
The design of the rights separation system for homestead use right should prioritize the legal leasing path-way as the primary scheme.China's rural homestead reform is a process that involves removing the gratuitousness of homestead use right acquisition,altering its long-term continuity,redefining the identity-based limitation of the user,and adjusting the non-inheritability of it.This reform commonly materializes in practical situations concerning the trans-fer or inheritance of rural homesteads ownership,where the inescapable course is the segregation of homestead usage right.Under the operational logic of the right of disposition,statutory leasehold right displays a legislative cost advantage over the pathway of secondary usufructuary right.Legally established leasehold right arises directly from statutory provi-sions rather than imposing a compulsory contractual obligation on rural house transferees or heirs;nonetheless,the legal effect is limited to the confirmation of the establishment of a lease relationship.In such statutorily defined leases,rural house transferees or heirs become one party to the lease,with the other party being the homestead land use right holder when rural houses are transferred,and the homestead landowner in cases of inheritance.Statutory lease relationships should generally have a maximum term of twenty years,but provisions for automatic renewal may be incorporated based on practical requirements.As for the regulation of homestead land use,Article 279 of China's Civil Code regarding the"conversion of residential to commercial use"can serve as a reference,and where necessary,the transfer and circulation of right through market entry may be adopted as a mode of disposal.
statutory leasehold right"three rights separation"homestead use rightrural homesteads ownershipright of disposition
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