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| The Rights Structure and Implementary Path of Rural Homesteads’“Three Rights Division”：An Experimental Study of Yinqiao Town in Dali City |
| Liu Shenghuan Yang Yanchi |
| College of Economics and Business Administration， Central China Normal University， Wuhan 430079 |
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Abstract The division of ownership， ration and use of rural homesteads is a major measure in the reform of rural homestead system， which has a great practical significance and is badly in need of theoretical guidance， legal protection and further reform. In the process of rural homestead reform in Yinqiao Town， such practice as changing the homestead users and increasing its functions has become the embryonic form of“Three Rights Division”.However，some problems have also shown up， including collective resources having been occupied by people from other places and a lack of effective managements. So there is a pressing need for deeper and further explorations of “Three Rights Division” mechanism. After a brief review of rural homesteads’“Three Rights Division” issues from home and abroad，the essay mainly explores its rights structure and implementary path，based on the rural homesteads reform carried out in Yinqiao Town.It is concluded that： the practical experience in Yinqiao shows that the core of guaranteeing the collective ownership is to optimize the income right，disposal right and management right； it is an effective way to guarantee the farmers’ property right by the land adjustment and distribution mechanism， issuing the property certificate of the homestead， and the mortgage loan；The path of moderate release of the right to use is to protect the right to live， smoothly release the right to transfer， release the dividend of the right to development； protecting the villagers’ residence， smoothly transferring use rights， and permitting commercial operation on the homestead play a key role in moderately liberalizing the land-use right and releasing the reform bonus.To further promote the “Division of Three Rights” of rural homesteads，it is very important to take these measures including adherence to the bottom line of the reform in order to ensure social harmony and stability，empowerment of farmers.
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Received: 20 September 2018
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2018, Vol. 57 
