The Legal Realization of Rural Homestead Use Rights in China

With the implementation of the Civil Code, the legal environment for the reform of homestead land has changed, and the achievements of the reform of contracted land and collective construction land have been confirmed in law, so that the exploration of the “separation of three rights” of homestead land should be placed under the rural land rights system of the Civil Code for overall consideration. Activating the “right to use” is the core and key point of the“separation of three rights” policy for homestead land. Through the analysis of policy objectives and practice modes, it is found that there are problems with the reform of revitalizing homestead land, such as varying degrees of intensity, unclear relationships, and insufficient overall planning, and it is difficult to simply copy the experience of the reform of contracted land and construction land. In this regard, the idea of revitalization in the context of the Civil Code is proposed, which draws on the right structure of the “three rights of separation” of contracted land, connects with the system of market entry of collective operational construction land, distinguishes between different uses of the land after the transfer, and constructs two major paths for the transfer of the right to use homestead land under living and residential conditions and the transfer of the right to use homestead land under operational use, in order to clarify the legal relationship of the use of homestead land and propose specific legal implementation suggestions under the background of the “three piece land” linkage reform.