在资格权入法后，农村土地从“二权分离”迈向“三权分置”便顺理成章。农村土地“三权分置”是从政策到规范、从身份到契约的全面延伸。被分置出的宅基地资格权与土地承包权是集体农民通过享有成员权这一综合性权利，享有对应分配资格之权利的现实结果，亦是宅基地使用权与土地经营权入市的制度性权利入口。资格权入法既可解决集体农民流转财产性权利无法回复的后顾之忧，又可在振兴经济的周期内提供存量的生产资料。在资格权入法后，“新型总有”关系从指导立法转向收束使用权规范与定位资格权规范。可见，资格权入法在实然层面回应农村土地“三权分置”的政策安排与现实需求，“新型总有”在应然层面为农土三权内部结构优化提供理论资源。

三权分置, 宅基地资格权, 土地承包权, 成员权, 身份权, 新型总有

Following the incorporation of qualification rights into law, the transition of rural land from a “separation of two rights” to a “separation of three rights” has become a logical progression. The “separation of three rights” in rural land represents a comprehensive extension from policy to regulation and from identity to contract. The separated homestead qualification right and land contracting right are the practical outcomes of collective farmers’ enjoyment of corresponding allocation qualification rights through their comprehensive membership rights. They also serve as institutional entry points for the marketization of homestead use rights and land management rights. The incorporation of qualification rights into law not only addresses the concerns of collective farmers regarding the irrevocable transfer of their property rights but also provides stock production materials within the economic revitalization cycle. After the incorporation, the “new collective ownership” theory shifts from guiding legislation to regulating the norms of use rights and defining the norms of qualification rights. It is evident that the incorporation of qualification rights into law responds to the policy arrangements and practical needs of the “separation of three rights” in rural land at the practical level, while the “new collective ownership” theory provides theoretical resources for the optimization of the internal structure of the three rural land rights at the ought-to-be level.

separation of three rights, homestead qualification right, land contracting right, membership right, identity right, new collective ownership