The Essence and Path of Qualification Right of Homestead from the Perspective of Collective Membership Right
The qualification right of homestead is the carrier of the identity content in the right to use the homestead under the traditional homestead system.But in essence,it originates from collective ownership and the guarantee relationship of collective ownership to its members.Returning to and transcending the collective membership right is the practical rationality and obligatory regression of the exploration of the right of homestead qualification.The qualification right of homestead consists of the right to request for the allocation of homestead,the right to reclaim the right to use the homestead,the right to compensation and compensation for the homestead and related systems linked to farmers.But its exercise shall not violate the prohibition rules.According to the guarantee function and the corresponding related requirements,collective regulatory rights should be clearly provided for,and related rural collective economic organizations or villagers'committees should be required to carry out the identification and registration of the qualification right of homestead on behalf of the collective.It is necessary to include"voluntary compensation"as a mandatory provision on the subject's right to waive homestead qualification rights and to insist that the qualification right of homestead cannot be transferred.To realize the guarantee function of ensuring"households have a house to live in",transition rules should be established to effectively connect homestead qualification rights with the collective housing security,national housing security,and land expropriation systems.
qualification right of homesteadcollective membership righttransition rulesthe guarantee function
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维普
