The Path and the Right Structure of Homestead"Use Right"Under the"Three-Right Separation"
"Three-right separation"is the established direction of the homestead reform in China.It is urgent to determine the separation path,the right structure of homestead use right in the current academic circles.In various separation paths,the usufructuary right mode,lease right mode and right transformation mode all have defects,which deviate from the"three-right separation"of homestead.On the contrary,the secondary usufructuary right model not only fits the policy goal of"three-right separation",which is conducive to the best use,but also can make up for the defects with the theory of surface rights and the moderate legal doctrine of property rights.Under the secondary usufructuary right mode,the homestead"utilization right"after the separation should be called the homestead use right,not restricted by the identity of the right subjects,with necessary use limitation.It can be registered effective in the event of right change,and its duration can refer to the provi-sions of the state-owned land use right.
three-right separationhomestead use rightsecondary usufructuary righthomestead utilization right
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