Abstract: The separation of the three powers of the homestead is essentially the expansion and remodeling of the right to use the homestead. However, in the construction of the power, it should reflect the constitutional orientation of the land system in China. It is necessary to balance the relationship between welfare and marketization. It is also necessary to promote the reform of China's housing estate system to the advanced of collectivism and the right to the people under the principle of adhering to the principle of unity of justice and justice. The local pilot experience of the reform of the housing plot system reflects the problem of the farmer's exit from the homestead, the absence of the homestead lease in the rules of the Contract Law, and the diversification of the power transfer in the pilot. Therefore, it is necessary to expand the right to use the house site to cope with the practical problems, to separate the right of the homestead from the right to assign and to exercise the right to exercise. The farmers can transfer the right to use the right to use the house site to obtain income according to the qualification right; The right to use rights includes the right to use, re-transfer, mortgage, and compensation rights, so that the right to use and the right to use form a rights structure that is independent and mutually compatible.