The Legal Expression And Risk Control Of The Three Rights Division On Rural Land

At present,with the development of industrialization and urbanization,a large number of rural population have been transferred to cities and towns,and the basic operating system of rural land based on household contract management system has been unable to meet the needs of the development of modern agriculture.The scale of rural land circulation is getting bigger and bigger,the division between the subject of land contract right and the subject of land management right is getting more and more common,the new subject of land management right constantly emerging.Under the independent exploration and Practice of farmers,many areas have already formed the division situation between the land contract right and the land management right.Since the NO.1 document on 2014 to the No.1 document on 2017,the central government issued more than 14 relevant documents in three years.Support the land contracting management right divided into the land contract right and the land management right,and promote the reform of rural land system.At the same time,some areas issued the specific documents of the three rights division according to the instructions of the central government.To guide the reform of three rights division step by step according to the actual situation of the areas and to promote the development of local rural economy.Although some areas have already pushed forward the reform of the three rights division,the national policy also supports the land contract management right is divided into the land contract rights and the land management rights.The three right division has not get the standardized expression of the law,and and the relevant supporting system has not be established perfect,so there will breed a lot of risks in the implementation process.Therefore,this paper begins from analyzing the background and legitimacy of the three rights division,clearly the legal expression of the subject,nature,power and other problems of the land collective ownership,the land contract right and the land management right.And points out the relevant risks in the three rights division reform,then analyze the countermeasures of controlling these risks.This paper consists of five parts.First of all,the author briefly introduces the history of the change of the rural land system since the founding of new China,and the advantages to the rural economy that brought by the three rights division reform,then clarifies the theoretical and practical significance of the study of three rights division.The first part of this paper discusses the development of the three rights division and statistics the related documentsissued by the central government in recent years,so as to analyze the legitimacy of the three rights division reform in the rural areas.The second and the third part of the article analyze the legal expression of the reform of the three rights division from two aspects,The second part from the Static angle of the right to analyze the subject,nature and content of each right in three rights division,The third part from the dynamic angle to analyze the the establishment and dissolution of the subject division of the land contract right and land management right,and the mortgage and inheritance of land management right.The fourth part of this paper points out the risks from the system and outside in the process of the three rights division reform,and analyzes the relevant risk countermeasures.The last part of this paper is a summary of the previous discussion and the author's views.All in all,under the current social and economic conditions,the implementation of the three rights division reform in rural areas is line with the developments needs of the times.The author proposes to abolish the concept of the land contract management right,instead of land contracting right and land management right,therefore these two rights form a three rights division structure withe the land collective ownership.Then from the static and dynamic aspects of the right to express each right in legal manner.However,due to the lag of current laws and regulations and the relevant supporting system is imperfect,there will inevitably appear related risks in the process of the implementation of the three rights division reform.Therefore,the author proposes to control the risks in the process of the implementation of the three rights division reform from amending the relevant laws and regulations and establishing the necessary supporting system.