The Legal Expression of the“Three Rights Separation” of Rural Homesteads

The “three rights separation” policy is a major institutional innovation in China’s adjustment of the relationship between farmers and land.It is necessary to use scientific legal ideas and theories to clarify the legal connotation of policies and achieve full conversion from policy language to legal norms.In the rural revitalization strategy,the three rights separation references the three rural reforms regarding agricultural land,namely:1) the re-development of agricultural production methods and land marketization, 2) the relationship reconstruction between rural collective economic organizations and grassroots autonomous organizations and 3)peasant identity interest and self-liberation.Through an analysis of nowadays viewpoints of the three rights separation of the homestead—the legal structure of the three rights—separation of the homestead is expressed as“the collective ownership of the homestead—the homestead land use rights—the qualification rights of the homestead.” The qualification rights of the homestead are based on the right to identity and include the compound rights of the content of the property rights.In future civil code, property rights should adhere to the collective ownership of rural land; stipulate the collective ownership of rural land as the total relationship; revise the system norms that refine the change of membership rights; and establish a supporting system for the right of homestead and the right to use the homestead.