CHEN Dan.Target implication and legalization implementation of “Moderate Release” in homestead usufruct [J]. Journal of Shanxi Agricultural University(Social Science Edition),2021,20(6):76⁃82.
"Moderate release" homestead and farmer's house use right are important measures for the reform of "separation of three rights" of homestead. However, due to the lack of consensus on the nature and boundary of the three rights of homestead in the pilot reform, the legislative transformation of the reform policy has been affected. The current academic discussion mainly focuses on the allocation of homestead rights and its system construction, but ignores the value goal and system function of the connotation of "moderate release" in the "separation of three rights", which affects the practical empowerment of the homestead usufruct. Under the current legal and theoretical framework of our country, the legislative transformation of "moderate release" should be based on the confirmation and empowerment of the "three rights" of homestead and the correction of the illegal use of homestead, never touch the bottom line in land use management, and finally realize the systematization and legalization of the implementation of "moderate release" system.