Realistic Dilemma and Improvement Path of Homestead Use Right Inheritance Under “Three Rights Separation”

In China, the proportion of the rural population is still high, and for farmers, the residence base that guarantees their survival and development is particularly important. Homestead is the key to solving the housing problem of farmers, and since 2018, China has begun to explore the reform idea of "homestead ownership, eligibility, and the right to use the three rights of separation". The relevant documents in 2023 continue to emphasize that the pilot of rural homestead reform should be continued to promote, which is the first time since 2020 to carry out a new round of rural homestead system reform pilots, and the relevant documents for four consecutive years with the same expression on the homestead system reform pilot deployment, which shows that China attaches great importance to this reform. Under the exploration of the system of "three rights of residence base", the ownership has been clearly attributed to the collective, but the qualification right and the right of use still have problems that need to be solved. This paper focuses on the inheritance of the right to use the homestead base, and discusses the inheritance of the right to use the homestead base through the analysis of the existing laws and regulations, judicial practice and other aspects.