Abstract:Accurate grasping the practical aspects of the disputes over the transfer of the right to use homestead can better solve the problems and promote the realization of the "separation of three rights" of homestead, thus giving full play to the use efficiency of idle homestead. By sorting out and summarizing 207 adjudicative documents of disputes over the transfer of the right to use homestead since 2018, we can find that there exist a common phenomenon in which different judgments are adopted for similar cases. Due to the easy occurrence, complexity, and long duration of homestead cases, there are many problems in the trial practice, such as the determination of the validity of the contract, different judgment basis, etc, which are usually caused by unclear rights, inadequate management, and lack of uniformed standards for judgement. In this sense, this paper holds that judgement practice can be improved from three aspects. First of all, to guarantee farmers’ qualifications and theirs rights to use the homestead. Secondly, strengthen the power and rights of the government and rural collective economic organizations; it is necessary to intervene the exercise of farmers’ homestead rights effectively and moderately. Thirdly, it is necessary to unify the rules of adjudication and clarify the behavior expectations of relevant legal subjects.