The Way Of Tarmland Transfer Under The Mode Of Separation Of The Three Rights

China has been to solve the problem of rural development as a strategy to solve rural problems require the full development of the rural economy, rural land is an important way to solve rural problems. Because of different economic policies and different periods of rural land transfer did not start there, with the social and economic development, China’s rural land circulation has gone from prohibition to allow the law to promote the reform of the last four stages, finally proposed the "separation of the three rights" in circulation mode. The so-called "separation of the three rights" means land rural land ownership kept constant collective land contract and management rights for the separation of contract rights and management rights, contract rights enjoyed by the farmers, the right to operate the flexibility to flow. "Separation of the three rights", the general requirements are: stabilizing farmers’land contract rights, maximize the protection of the interests of farmers and promote rural economic development."Separation of rights" is a concept put forward by economists in legal circles is not universally recognized, the main reasons for the objection is that the "separation of the three rights" presence of absence of law, property law does not comply with "a matter of a right" legal principles. March 2016, the State Council issued the "pilot franchise mortgages in Rural Land Interim Measures" (hereinafter referred to as the "Rules"), "approach" provides mortgage rural land management rights, the official with the "Rural Land " was, "separation of the three rights " has been recognized in law.China is not only in terms of policy on rural land were pushed more in the form of land transfer law has been stipulated. Currently, the law defined the subcontract, lease, transfer, exchange, shares in circulation mode, "approach" also formally established the collateral circulation mode, in practice, there are anti-rent Daobao way trust. In the "separation of the three rights" requirement, the existing land transfer mode does not fully meet the needs of rural land, mainly in the following questions:First, hire subcontractors and has no need to co-exist; and leaseback Daobao transfer can not meet the "separation of the three rights" demand patterns; shares too risky way, there is no sound protection mechanism; lack of trust transfer mode; mortgage way too narrow and inadequate legal regulation.Combined with "separation of the three rights" of the content requirements and regulations on mortgage rural land management rights provisions, this paper argues, in rural land circulation shall keep the land contract rights for farmers all, the right to operate separately conducted circulation. For the text present in the way land transfer issue made the following recommendations to address:First, determine the principles that is due to the transfer system should be the main principle, adhere to the principle of land for agriculture, the principle of local conditions, and the time principle; two specific approach should be to improve turnover, in terms of legislation, delete subcontracting, while prohibiting anti-rent Daobao, foster regional service agencies, the establishment of a limited way of transfer of land management rights shares, limited relaxation of shares, clearly defined land trust, improve the legal regulation of mortgage manner; in addition to need in legislation and policies on rural land circulation of safeguards.