The Structural Analysis and Function Implementation of Common Ownership of House Base under the Background of"Separation of Three Rights"
The reform of the separation of three rights intensifies the complexity of the right structure of rural homestead.Among them,to clarify the structure and nature of household common ownership of homestead is the premise and basis for promoting the reform of rural land system and realizing farmers'property rights and interests.Under the dual roles of identity and property,the household common right of homestead has typical"compound"property,which means that the collective members form the right of interest expectation to the homestead based on their identity,and form a common property relationship for the above-ground houses.With the advancement of power expansion,the tension between the two levels,land co-ownership and house co-ownership",increases.This not only affects the collective ownership properties of house land,but also hinders the realization of farmers'property rights.To solve this problem,a solution can be found at various levels including the state,the collective and individuals.The system of national level is designed to create a type of exit mechanism,and distinguish between the two kinds of homestead land using rights of different characteristics.The collective and individual levels should make individual rights break through the restrictions of collectives and farmers,so as to narrow the tension between identity attachment and rights transfer,and promote the smooth transformation from expected interests to realistic interests.
"Separation of Three Rights"Right to the Use of HomesteadRight to the Occupation of HomesteadHousehold Co-ownershipCompound Co-ownership