关键词: 宅基地资格权, 农民财产权, 农民集体成员权, 土地法学

Abstract: Protecting farmers' property rights is the proper meaning of the “separation of the three rights” of homestead land. As a usufructuary right, the right to use homestead land is directly related to the realization of farmers' property rights. An analysis of the generation, content and protection of rights of the homestead qualification right shows that the homestead qualification right is divided into the ownership of the homestead land, rather than the right to use the homestead. The right to homestead qualification is the concrete embodiment of the farmers' collective membership rights in the homestead system, and its self-beneficial rights and common benefit rights directly and indirectly protect the property rights of farmers. The right to homestead qualification does not need to copy the legislative model of the right to use homestead land, but the right to qualification for homestead land should be protected from the aspects of clarifying the subject and its acquisition criteria, withdrawal mechanism and rights confirmation registration, and attaching importance to the litigation rights of the right subject. The right to qualify for homestead land provides a stable guarantee for the realization of farmers' property rights and the revitalization of homestead land.

Key words: homestead qualification rights, farmers' property rights, farmers'collective membership rights, land jurisprudence