Study About The Legal Institutions Structure Of The Land Management Right On The Basis Of The Separating Rural Land Rights

The rights system of rural land consisting of rural collective land ownership and the peasant household's land contract management right has been formed since the household contract responsibility system was established in China in the early 1980s.In the early 1990s,some economists creatively presented the concept of Separation of Three Rights,aimed at the separation phenomenon about the holders of land contract management right and the actual land operators,happened in the transfer of land contract management righ which was acquired by household contract in some districts.Until the policy about to relize the separation of the ownship,contract rights,management rights;and to persevere in collective land ownership,to stabilize the peasant household's land contract right and to release the land management right,was established by the Opinons on Guiding the Orderly Transfer and the Development of Moderate Scale Management of Agriculturein November 2014,the reform of the separating rural land rights was started in due form.As a refom policy that designed for the large-scale and specialization development of China's modern agriculture,the core of the separating rural land rights is to release the land management right,which means that to entitle the actual land operators to have a kind of property right which has the effect of real right and the mortgage power by separating the contract right and the land management right at law.In fact,this police is the extension of the police about to ensure the rural land contract relationships remain stable and unchanged over the long term,and is the reflection of the internal requirements of the rural collective land ownership.Faced with the contradiction between the large-scale and specialization development of modern agriculture and these problems caused by the rural hollowing,the household contract responsibility system and the existing transfer system of rural land,it's really necessary to carry out the reform of the separating rural land rights.But the property rights theory on the economics which the policy based on can't match with the rights theory on the law completely.How to structure the legal institutions of the land management right on the basis of the separating rural land rights?Firstly,it's important to clarify the relations about the collective land ownership,the land contract right and the land management right,which is stated in the policy text.Seconly,to solve the problem about the weak subject of rural collective land ownership with establishing and improving the institution of collective membership rights.On this basis,the land contract right is one of the important contents of the collective membership rights,rather than the contents of land contract management right.So,the land contract management right is essentially the right for peasant household to manager the collective land.And the word "contract" of the land contract management right play a role of emphasizing its identity limit.And the land management right of the late-model agricultural management subjects is a kind of right that the peasant household set some burden on their own land contract management right in a certainperiod of time and in the way of transfer.Thirdly,considering that one of the policy's purposes is to promote the transfer of land contract management right,so the separating rural land rights in legal logic should be explained as to persevere in collective land ownership,to stabilize the peasant household's land contract management right and to release the agricultural management subjects' land management right.Thereinto,land contract management right is the usufructuary right established on collective land ownership.And land management right is the right established on land contract management righ.These two kinds of rights can be established at the same time and do not conflict with each other.Based on this conclusion,the structure of legal institutions structure of the land management right includes the acquisition and the qualification of subjects,the contenes and time limit,pledge and disposal,termination and legal remedy.