Study On The Separation Of The Right Of Rural Contractual Land In China

In 2014 the central document formally proposed to "in the basis for the implementation of the collective ownership of rural land, the right to contract farmers stability, deregulation of land management rights". November 2015, the general office of the CPC Central Committee and the general office of the State Council issued "deepen the rural reform comprehensive implementation plan", the program put forward to arable land in rural implementation of ownership, contract rights, management rights, the three powers separation "basis, in accordance with the law and on a voluntary and paid principle and guide farmers to in a variety of ways to transfer of contracted land management rights, and by way of Land Management Rights shares, hosting and so on,the development of various forms of moderate scale operation." Subsequently, the introduction of a series of land reform policies and practices across the country have indicated that the "three power division" has become a new round of land system reform of the basic guiding ideology. Pay close attention to study and explore the interrelation between collective ownership and right to contract farmers, land management rights in the land circulation and their respective rights, right content and practice in three kinds of rights conflict and solution, safeguard measures, with very important theoretical and practical significance.This paper as it a starting point, the first part of this paper, the background,significance and research status at home and abroad are described, and the research methods and innovative points are briefly described in this paper.The second part in the description of the power division of the meaning and foundation of the historical development, from a macro point of view, analysis the relationship between the three rights and through the demonstration of three rights are qualitative property rights, after the paper expansion lay the theoretical foundation.The third part of the article is the innovation of this research, and is also the core part of the theory. This part in the analysis of the farmland property right system,respectively on the three rights of rural land contracting division of the right main body and content were specific analysis that: "1, subject of ownership for the dual subject, or nature of the subject and acting subject, the right content mainly reflected in the collective membership confirmation, compensation for land expropriation, land use monitoring and other aspects of the power. 2, contract rights and ownership of the substantive subjects should be consistent, still take the peasant household as a unit, after the transfer of the right of land contract rights usually include five main contents: land usufruct, levy compensation and resettlement right, land right of withdrawal, paid out right, right of inheritance and the residual rights. 3, the right to operate the main body should pass legislation moderate release, should not be restricted land management rights of the transferee of the identity of the subject and the content of the right must be protected by law, including independent management decision-making power, operating income, gain levy compensation right, right of agricultural subsidies, the right to operate the right of disposition. " Through analysis on rural land contracting rights system,effective response to the real demands of the current rural land reform, to deal with good ownership, contract rights, the right to operate the relationship is particularly important, accurately grasp the logic premise of the reform of "separation of powers".The fourth part and the fifth part are to analyze and summarize the problems and solutions in practice. The fourth part from the collective ownership and the right to contract conflict, right of contracting and operating right conflict issues and relevant legislation, and the supporting system is not perfect four aspects analysis the right trading problems that exist in practice, mainly three subjects of rights for the same rights object and the interests of the game, and related legislation is not perfect, the registration of land ownership, levy compensation, agricultural subsidies etc. supporting system of the imperfect and unreasonable.In the fifth part, to solve the way and safeguard measures as the foothold, put forward by transformation of the realization form of ownership, the contract rights membership, duration, content of right and be deprived or limited, the compensation of legal protection to solve the conflict of rights between ownership, contract rights; the reasonable control of the circulation of the right to operate the duration and price, to establish a circulation of the right to operate the risk security mechanism to take into account the contract rights and management rights of protection of the rights of; We should revise the basic law, establish land through the circulation of rural land by special laws and regulations, and gradually introduced the specific functions of the regulations and rules to reconstruct the rural land rights system and the legal framework, the establishment of a new mechanism mainly rely on legal means to protect the rights and interests of peasant land management; finally, through perfecting the land contract right,separate registration system, compensation system in the requisition of land ownership,contract rights, management rights between the three rational distribution, optimize the agricultural subsidy policy to improve the supporting system, the rural land contracting right of the three division of this policy can really play a role in the practice of land management rights transfer, promote large-scale management of agriculture,agricultural modernization.