International Journal of Frontiers in Sociology, 2022, 4(12); doi: 10.25236/IJFS.2022.041201.
Anhui University of Finance and Economics, Bengbu, Anhui, 233040, China
In the pilot promotion of homestead reform, successful practices have been formed, including paid use of homestead, replacement of homestead, mortgage of homestead use right and so on. However, it is still faced with legal dilemmas such as the vacancy of the main body of ownership in the "separation of rights", the incompleteness of the right to use and the lack of legislation of qualification rights, which affect the legislative transformation of the reform policy. Therefore, the legislative transformation of "moderate release" under the current legal and theoretical framework of Chinese should aim at invigorating the existing homestead use right and perfecting the innovative homestead usufruct as the logical starting point. The subject of homestead property rights is endowed with complete disposal rights and income rights, the scope and way of circulation of homestead use rights are appropriately released, and the operational use of homestead (rural housing) use rights is broaden. Finally, the systematization and legalization of the system of "moderately invigorating" the right of use under the "separation of rights" of homestead are realized.
separation of rights; right to the use of homestead; moderate release; realization path
Cheng Feifei. Research on the realization path of activating the right to use moderately under the "separation of rights" of homestead. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 12: 1-4. https://doi.org/10.25236/IJFS.2022.041201.
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