The Law Path of “Implementing Collective Ownership of Homestead” under the Background of Three Rights Separation

Under the background of the “three rights separation” reform of homesteads, it is of unique value to discuss “implementing collective land ownership” . Due to the burden of social security functions and the vagueness of laws and regulations and restrictions on the power of homesteads, the problem of homestead ownership has long been a problem. This article examines the practical predicament of the implementation of homestead ownership from the perspectives of legal policies and practical risks, and takes the exploration and practice of homestead reform as the object of observation. Aiming at the dilemma of the rights subject and rights boundary, the excessive restriction of right, and the failure to effectively distinguish the management functions in the process of “three rights separation” of homesteads, the author puts forward the rule of law approaches such as clarifying the subject of collective land ownership and perfecting the realization method of homestead ownership.