关键词：宅基地使用权 集体建设用地继承 三权分置 三块地改革
The Reconstruction of Inheritance of Right to Use Homestead Land Under the Background of “Three Pieces of Land” Reform
Abstract: It depends on the persistence of value presetting of life security whether the right to use homestead land can be inherited. Under the background of “three pieces of land” reform which means “land expropriation”, “market circulation of collective construction land for commercial purpose” and “separation of three rights”, the homestead land is the sub-type of the collective construction land that can be transformed into other types of collective construction land when requirements are met. It can realize the goal of functional division of homestead land and other types of collective construction land. Therefore it should be reconstructed in terms of the inheritance question under the whole collective construction land framework. The successor who is entitled to the right to use homestead can inherit the right, otherwise the collective economic organization shall recover the homestead land. When the house is built on the homestead land, conflict will arise between the inheritance of the house and ambiguity concerning the inheritance of the right to use homestead land. If the successor isn’t qualified to acquire the right to use homestead land, the land then will be transformed into the the collective construction land for commercial purpose which is onerous and time limited. And the successor has the alternative either to pay transfer fee or to transfer it to the collective member who is entitled to the right, to return the homestead land to the collective economic organization that will buy the house or provide value compensation. There is no difference between the inheritance and bequest of the right to use homestead land. In the case of joint succession, the problem should be solved according to the identity of the successor, the situation of successor’s living with the ancestor together or not.
Key Words: right to use homestead land; collective construction land; inheritance; separation of three rights; three pieces of land reform