Research On The Construction Of The System Of "Three Rights Division" In Agricultural Land

Under the premise of adhering to the collective land ownership,the reform of the farmland system of the "three Rights division" is to split the land contract right and the land management right,from the farmers to retain the land contract rights,to ensure that the farmers ' interests are not damaged,and at the same time,live the right to operate the land,guide the orderly circulation of land management rights,improve the efficiency of agricultural production.On December 29,2018,the revised "Rural Land Contract Law" by the Resolution of the Standing Committee of the National People's Congress formally considered and passed,the "three Power division" system reform formally in the legal level of the system construction.However,the revision of the rural Land Contract law is to implement the policy guidance to the legal level,more in principle,the operation is not strong,the next step also needs to amend the "Law relating to rights over things","Law of the People's Republic of China on land Administration" and other related content,and the formulation of the "Rules for the implementation of the Measures of the Rural Land Contract Law ",make the principles of the provisions more detailed and operational,Provide reference for further system construction.The study of legal theory based on the current system of "Three rights division" is still relatively weak.This paper probes into the construction of the system of "three rights division" by using the theory of law of things,in order to provide reference ideas for the construction of the "Three Rights division" system in rural land in China.There are seven parts in the full text,including the Basic Law of the "three Powers division",the principle of the construction of the "Three Powers division" system,the rights and obligations of the landowner,the contractors ' rights and obligations,the rights and obligations of the operators,and the construction of the procedural law of the "three Powers division".he reform of the "three Powers division" system is in line with the theory of law.From the Land contract management right to derive the right to operate the land,not simply separate the land contract management rights into the contract rights and management,but to create the right to operate the land as a new type of usufructuary right.The land contract right is still the contract management right in the property law,which still belongs to the usufructuary right,but its power is limited by the management of the land right.The management right of land is the result of the right of land contract management to set rights usufruct,and it does not violate the principle of "one object,one right" in law of things.The right of land management is a property right,which is independent and exclusive,conforms to the nature of usufructuary right,and the management of land rights can be set as a real rights in order to satisfy its re-transfer and the functional orientation of mortgage financing,in order to meet the realistic needs of the reform of the "three-power division".The principles of the construction of the "Three Rights division" reform of agricultural land in China include: first,adhere to the principle of dialectical unity of fairness and efficiency.Efficiency and fairness are interdependent and mutually reinforcing,and the reform of farmland system of "three rights division" should seek a balance between achieving fairness and efficiency.Second,adhere to the principle of voluntary.The voluntary principle is the concrete embodiment of the basic principle of "autonomy of meaning" in civil law in the farmland system,which provides the motive force for the orderly promotion of the reform of the "Three Rights division" system.The reform of farmland system should be premised on respecting the will of peasants.Third,keep the principle that the bottom line of policy does not waver.First,adhere to the collective ownership of land is not shaken,agricultural land collective ownership in line with the historical tradition and ethical value of China's rural society,agricultural land private ownership,state ownership are not feasible;Second,adhere to the stability and improve the land contract relationship,to stabilize the contract relationship as the key link,based on the family contract management,explore family management,collective management,cooperative management,enterprise management and other modes of operation Common development;Third,adhere to agricultural land agriculture,strict farmland protection system,to ensure national food security.Iv.adhere to the principle of gradual and orderly progress and local conditions,deeply understand the long-term,complex and arduous nature of rural land system reform,fully consider the differences in resource endowments and economic and social development,and form specific paths and methods suitable for different regions,and carefully and steadily promote reform.The substantive law construction of the "three-power division" mainly involves the rights and obligations of the landowner,the contractor's rights and obligations,and the rights and obligations of the operator.The rights of the landowner,including the right of income,the right to contract,the right to supervise and administer,the right to land development,etc.The obligations of the landowner include respecting the contractor's contractual rights and the autonomous management rights of the operator,providing production,technology and information services to the contractor,organizing the construction of agricultural infrastructure within the collective economic organization,and not adjusting the contracted land without authorization.The rights of the contractor,including the right of members,supervision,the right to compensation,the right of circulation,the right of paid withdrawal,etc.The contractor's obligations include maintaining the agricultural use of the land,protecting and making rational use of the land in accordance with the law,maintaining the ground force,not causing permanent damage to the land,returning the contract period to the contracted place and restoring the original condition,etc.The rights of the land operator,including the right to use,the right to benefit,the right to operate autonomously,to transfer and to obtain compensation;The obligations of land operators mainly include: Strictly abide by the agreement of the transfer contract of land management right,not change the agricultural use of land,protect and make rational use of land,and protect environmental resources.“In order to realize the purpose of the reform of the "Three Rights division",the right of land contract management is incorporated into the unified registration of real estate in China,and the establishment and change of land contract right should adopt the model of registration entry into force.The procedure of setting up circulation and re-circulation of land management Right adopts the model of entry into force of registration.The establishment and registration of land management Right is the need of the orderly circulation of land management rights as the basic power of the market.Through registration,the land management right is given the effectiveness of public trust,and the protection of the rights and interests of the land management person is strengthened.