Separation And Reconstruction Of Land Contracted Management Right Under Background Of Separation Of Three Rights

This thesis includes four chapters:Chapter 1 conducts a comprehensive analysis of the rights system of rural land since the new China being set up by using the historical analysis method.A conclusion can be found in it,that is,the development of China's rural land rights system can be divided into two stages,the collective right on behalf of the state power was continuing to be strengthen before the Reform and Opening,coming with the Reform and Opening,farmers' rights are being strengthen and a stable land ownership is being given to them,which is the main line of the history going on.Chapter 2 draws a conclusion from the conclusion found in chapter 1 by analysing the policy of Central Committee,that is,the policy implications of the new round of rural reform is to separate social security functions and governance functions from land contracted management right,which originally belongs to the collective land ownership,giving land contracted management a complete nature of real right for usufruct.And this thesis tries to find out the logical approach which collective land ownership uses to invade into land contracted management by comprehensively analysing the relations of the collective land ownership and membership,membership and land contract right,and land contract right and land contracted management right.With the appearance of this logical approach,this thesis concludes that to separate land contract right from land contracted management right is the essential way to return land contracted management right a complete real right,which is also the way to achieve the aim of the new round reform.This chapter also briefly analyzes the misplacement of the theory of separation of three rights.Chapter 3 restates the real right nature of land contracted management right,in the end gets land contracted management right comprehensively separated from land contract right which makes land contracted management right a complete real right for usufruct.For the name of the new right,"land contracted management right"should be adopted as before;For the setting-up way,registration of effectiveness should be adopted;and we should perfect the new right's act of disposition,which is the starting point and goal for land contracted management right to get a complete nature of real right for usufruct.Chapter 4 comprehensively analyzes the act of disposition of land contracted management right,namely the modes of land contracted management right circulation.The bond circulations of land contracted management right were all incorporated into"rent",the property circulations of land contracted management right will include transfer,exchange,mortgage,share,trust etc..To make land contracted management right a complete real right for usufruct is accord with the aim of the new round of rural reform,and the method to complete it is stripped land contract right out of land contracted management right,thus this thesis in theory set up a new rights system for rural contracted land which is in line with the central committee policy and in accordance with the real right law also.