Under The Background Of "Three-Right Separation" Legal Regulating Of The Rural Land Management Rights

The current "Three-Right Separation" system is changing from conceptualization to standardization.Our country has introduced a series of policies around the reform of the " Three-Right Separation".The rules on the transfer of land management rights are reflected in the relevant policy documents.The law of rural land circulation still exists in the provisions of the circulation of land contractual management right,the law under the "two rights" can not correctly regulate the problems arising from the land transfer during the "three rights" period.It is urgent to amend the law relating to the circulation of land management rights under the new situation.Under the guidance of the concept of "Three-Right Separation",this paper finds out the problems existing in the circulation of land management right and explores the specific legal countermeasures against the problem.The full text is divided into three parts.In the first part,the paper discusses the transfer of land management right discussed in this paper.The circulation of land management rights discussed in this paper includes the initial circulation and follow-up of land management right,and does not involve the transfer and exchange of rural land contract management right;Secondly,the current policy on the transfer of land management rights in China to sort out,and as a measure of the right to operate the right to operate the right basis or not.In the second part,on the basis of investigating the practice of land operation right under the background of "Three-Right Separation" in our country,the author analyzes the problems existing in the circulation of land management right in the current practice.The author thinks that these problems are: the problems brought by the policy first and the lag of the law,the transfer of the right of contract management and the transfer of the right to operate,the question of the right of land management is not in place,and the problem of the multiple operation of the land management right,"New landlords" against the interests of smallholders,as well as the abuse of land management rights to seek other interests and so on.The third part puts forward some suggestions on how to improve the legal regulation of land management right.First of all,the principle of legal regulation of land management right is expounded.Then,according to the problems existing in the practice of circulation and the existing legal provisions,the legal system of land management right is transferred,the land contract management right is transferred and the land management The transfer of land rights,the regulation of the right to operate the land,the qualification examination of the land operator,and the land use control in the circulation of the land management right.