Study On The Real Right Nature Of Rural Land Managament Right Under The Model Of Three Rights Separation

This paper takes the real right nature of rural land management right as the core,based on the reform spirit of central documents,combined with universal problems arising from the transfer of rural land contractual management right,analyses and discusses the rationality to define rural land management right as usufructuary right,at the same time,it puts forward some legislative suggestions on the relative rights exercise mechanism and registration system.Firstly,the article selects three policy documents which are closely related to the rural land three rights separation to refine,analyze and interpret and states the practical significance of isolation of rural land management right from rural land contractual management right and the possible legal problems of this new right in the face of practice.When refuting the point of view which considers rural land management right as a creditor's right and breaking through traditional usufructuary right theory,it finds the suitable theoretical support for the real right nature of rural land management right.The paper elucidates the concept that we usually think that the real right nature of rural land management right will go against the One thing One right principle,and then,it argues that the property statutory principle does not mean that all new kinds of real rights should be obstructed,but to explore and innovate grounded on mutual integration.So,according to this,it is viable to set up rural land management right as a new type of usufructuary right.Finally,on the basis of the above research result,the article illuminates rural land management right's acquisition and loss,including the content of this right as well.Referring to current system,it also proves the feasibility to separate the registration of rural land management right from that of rural land contractual management right.Grounded on insisting upon establishing a effective registration system for rural land management right,it describes the specific type of registration,the registration authorities and the registration procedure.