The System Construction of “Three Rights Separation” of Homestead Land—Based on the Analysis of Qualification Rights and Use Rights

With the acceleration of urbanization in China, the problem of idle rural homesteads has become increasingly prominent, and the reform of “three rights separation” of homesteads has become an important policy path to activate land value and protect farmers’ rights and interests. There is a gap in the definition of qualification right and use right in the current law. The qualification right should be characterized as a homestead use right with both identity and property, and its power includes the right to apply, the right to hold, the right to recover, the right to compensate, and the right to manage public affairs. The realization of qualification right needs to solve the problems of subject identification, standard unification, and withdrawal mechanism improvement, and should take the source of life as the principle of identification, and build a diversified withdrawal compensation and risk prevention mechanism. In terms of institutional structure, it puts forward the three-right structure of ownership (collective land ownership) - qualification right (homestead use right or membership right) - secondary use right (creditor’s right or usufruct).