A Study Of Legal Problems On Farmland Management Right Circulation Mode Under Division Of Three Rights

Rural land reform has always been the number one priority in China's reform.The success or failure of rural reform is affecting immediate interests of hundreds of millions of farmers nationwide.In order to meet the requirements of the development of rural productive forces,the construction of the village collective ownership and the ownership of the land owned by the family unified management of the binary land system in the last century is a major innovation in China's agricultural land reform.Nevertheless,with the continuous development of mechanization as well as large-scale operation,binary land system restricts the development of rural productive forces in certain developed areas.The defects of binary structure have spawned the theory of the division of three rights.Division of three rights theory specifically refers to:ownership,contract and use.At present,in the process of rural reform and opening up,the core of the theory is to revive the right of use,whose premise is to protect the collective right and family contract right.However,the existing laws of our country do not define the theory of division of three rights,and there are still quite a few problems in their implementation:the absence of legislation.The circulation,swap,subcontract,lease,shares and other circulation methods,which are clearly stipulated in the law,have legal defects.As an example,anti-tent package and other circulation modes have been implemented in some areas,but they are not clearly defined in Chinese law.The relevant package of supporting facilities after the circulation of land management rights are inadequate,for instance,rural social insurance system whose focus is rural endowment insurance of is not that perfect.As a consequence,with regard to issues mentioned above,through the analysis and conclusion of the existing research results based on the practice from the legislation,procedures and related aspects of the system,rural land circulation mode needs to be perfected according to local conditions.The main body of this paper is divided into three parts.The first part,based on the necessity and feasibility of the theory of division of three rights,is expected to make a legal definition of farmland management right and farmland circulation right as well as analyze the concept and legal features of several kinds of circulation modes existing in the contemporary law,and then point to the significance of the research and analysis under division of the three rights.In the second part,the existing main legislative issues are generalized under the division of three rights,such as,the absence of farmland management law,conflict between subcontract and interchange,the unreasonable restrictions on the circulation,the prohibition of the anti-rent and the defects of the shares,and so on.In part three,the writer tries to make an analysis of how to perfect the agricultural land ownership rights based on division of three rights from the legal norms,the obedience of bottom line and regulation protection and other aspects.