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Research On Separation Of Three Right For Farmland

Posted on:2017-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:F X XiongFull Text:PDF
GTID:2336330485952390Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As for farmland, besides its own objective natural attribute, the social attribute of "farming" has been gradually deposited in the wake of formation and development of human society. The rights deliberatively built based on farmland should bear its function of social attribute. Theoretical innovation and system design of separation of three rights for farmland have divided "bundle of rights" of farmland into property in farmland, farmland contract right and farmland management right which can give play to social function of the land to the best effect. "Property in land, land contract right and land management right" for farmland are right state independent to each other, and their corresponding subjects of right-rural collective, farmer and operator have a mutually restrictive interactive relationship. Unceasing turnover of rural labor force and unclear content of farmland's property rights are necessary to facilitate structure formation of separation of three rights for farmland. And the current practical experience of separation of two rights for farmland can be used for reference which also meets expectation of Top-level Design regarding agricultural economy, is able to effectively realize the policy goal of increasing farmers' property income, and all of them are feasibility basis of separation of three rights for farmland.Establishment of the system of separation of three rights for farmland shall be unfolded from making subject of right for "three rights" for farmland clear, legally confirming content of the right for "three rights" for farmland and remodeling realization route for land rights. Collectivization, specialized agriculturalizing and diversification are basic marks for subject of right of property in farmland, farmland contract right and farmland management right, respectively. The property in farmland takes farmland terminal occupying power and farmland contract awarding disposal power as content, farmland contract right takes farmland phantom occupying power,farmland circulation disposal power and farmland property income power as content,and farmland management right takes farmland relativity occupying power, farmland productive usage power, farmland business activities self-determination power,farmland increment property income power and farmland increment property disposal power as content; Farmland ownership can be smoothly realized only after solving problems concerning rural collective materialization, equality of status for collectively-owned land ownership and national domain ownership, smooth farmland management and supervision channel, realization of farmland contract right is mainly to implement adaptable supporting reforms of household registration system,realization of farmland management right is in virtue of farmland appreciation to gain property income after inputting human capital and resource capital into farmland.When stimulating positive effect of "three rights" for farmland, its negative effects shall be alerted in order to keep away risks of dissimilation of agricultural subsidy,non-agriculturization of farmland, infinite circulation of farmland and transformation to property rights of farmland management right.As for social incremental wealth brought by the land, in case of great difference happening to social whole efficiency and cost under private ownership of land and public ownership of land, respectively, the private ownership of land is characterizedby "fast effect" and the public ownership of land is characterized by "sustainability".The best route selected is to realize "fast effect" under the premise of "sustainability",which means rights with private nature, should be established in the public ownership of land. In the framework of separation of three rights for farmland, power configuration of property in farmland can maintain public ownership of land, prevent"invasion" of land privacy and ensure the basis of "sustainability, and farmland management right serving as complete private right can realize "fast effect", and farmland contract right between being privately owned and being publicly owned exerts the effect of bridge avoiding intensive conflict between ownership and management right. Inner requirements of rural economic development shall be responded in the market economy, under the premise of insisting in guaranteeing fair"initial allocation " of the farmland by public ownership of land, proper privatization of land right can be done to accelerate free transference of the farmland and increase farmers' property income. Beyond doubt, the separation of three powers system of farmland enables the market to play a decisive role in farmland resource allocation.
Keywords/Search Tags:Farmland, separation of three rights, property in farmland, farmland contract right, farmland management right
PDF Full Text Request
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