Study Of Legal Issues Of The Three Rights Setup On Rural Land

With the modernization and scale development of agriculture in our nation, the problems of agriculture land transfer freely and mortgage finance become very serious, so the central committee of the CCP and Sate Council immediately puts forward the there rights setup reform to solve these questions, which include ownership, contract right and management right based on the collective land.Our nation proposes the there rights setup reform based on the agriculture practice and it obviously has the Chinese characteristics. However, it must be deeply discussed that how to make the reform policy turning law norm in academic world.Before the there rights setup reform, academic word has been studying the agriculture land problems and emerged different opinions. Economy science puts the plan of there rights setup and law science puts the plan of perfect right power of contractual operation right.Presently, the policy had chosen the former. The corn divergence of the debate is whether the contractual operation right of rural land should undertake the function of society guarantee.But, the key problem is that how to make the system harmoniously and acquire the law expressing.It is a fact that judgment question and should be judged by the practice of agriculture development in our country. Confronted the conflict of system worth of farm land, the there rights setup reform should coordinate the different value pursuit. We should not only achieve the value coordinately between equal,freedom,economy and so on, but also achieve the benefit coordinately between country, person, collective, farm and farming operator. On the interpretative theory,we can reference the research methods of legal culture explanation to correctly understand the meaning of there rights setup. Meanwhile, we should distinguish the different between economic logic and law right logic. The there rights setup can not separate the original right, but setup a new right for other agriculture operators based on original right. Finally, the rural land may emerge tow different structures which collective land ownership and contractual operation right of rural land or collective land ownership and contractual operation right of rural land and the management right of rural land.Reform needs observing law, reform needs putting the priority of rule of law.On the legislation theory, we should follow the Family-Contract-Management system established by Constitution. It is the law terms choice that we insist collective land ownership and contractual operation rights. Meanwhile, we add the management right as to new profit real right.The management right registered can produce the property effects and is different from other land rights.Both of perfecting the unification system of register and platform construction of property rights transaction of rural land, are advantage of realizing the mortgage of contractual operation right and management right. On the produce of legislation, we should insist the principle of real rights on legal. Meanwhile, we also amend the Law of Rural Land Contract in time and Property law on the background of Civil Law codification. Finally, we could realize the purpose of reform with law to provide the system guide and rule of law guarantee.