The Appropriateness of the Membership Right in the Reform of “Three Rights Separation ” of Rural Homestead

In today’ s society, the social security function of homestead is gradually weakened and the economic value is increasingly prominent. The traditional homestead use right is criticized because it does not separate identity from property. Therefore, under the background of the “Three Rights Separation ” reform, it is reasonable to form the qualification right and re design the right structure. In 2018, “No.1 document of the Central Committee ” proposed to explore the “Three Rights Separation ” reform of rural homestead, but the theoretical circles have different opinions on the nature of “qualification right ” . At present, there are three main views, which are “surplus right theory ” , “member right theory ” and “homestead use right theory ” . This paper mainly adopts the method of literature analysis, and believes that in the process of qualification, three basic consensus should be formed, namely, adhere to collective land public ownership, promote the integration of urban and rural land rights, and effectively protect the rights of farmers. Under the guidance of the rich connotation of the central government’ s “Three Rights Separation ” policy of homestead and the comprehensive practice of rational feedback, it can be concluded that the attribute of qualification right should be “membership right ” .