Research On The Legal System Of The Circulation Of Farmland Management Right Under The Three Power Division

In the last century,the farmland reform began in the rural land family contract responsibility system.It formed distinct characteristics of rural land collective ownership and farmer family contract management of farmland customization after a series of policy and legal adjustment.But the economic and management circles lead the development and revision of agricultural land law.It can be said that nearly 40 years of agricultural land reform process will be the re-allocation of agricultural land resources,especially in the process of farmland transfer of land resources of farmers contracted property value re-distribution,gradually biased to the agricultural land management rights.In recent years,the state launched a timely separation of rights,clear farmland of ownership,contract right and management right.It vigorously guides the "land management" of the orderly circulation of agricultural land economic value to fully explore.The reform of the separation of three rights has become a highlight of the current farmland system.In view of the importance of agricultural land system issues,although there are some differences,this paper intends to explore the transfer of rural land management rights under the separation of the three rights.There are many practical difficulties in the current agricultural land system,both of which are congenitally deficient and slightly different in concept and reality.So,the transfer of agricultural land management rights has been hampered.This paper will study the legal system of rural land circulation and draw beneficial components from it so as to provide the experience and enlightenment for the practice of rural land reform.In this paper,the author further explores the legal construction and institutional construction of the transfer of rural land management rights under the separation of three powers,hoping to benefit from the legislation and practice of agricultural land reform in China.The main contents of this paper are as follows.The first part mainly analyzes the realistic dilemma of farmland management right transfer in our country.First,for many years,the circulation of farmland management rights has been restricted by the concept of farmland protection and farmland protection.Secondly,the legislation on farmland transfer is not clear that the legal framework is lagging behind and the property right is not complete.So the transfer of rural land management rights lacks full legal support.Finally,the transfer of the right to operate agricultural land is not smooth enough such as incomplete market,irregular compensation and agricultural subsidies dislocation.It leads to the plight of the practice of circulation.The second part mainly introduces the experiences of the abroad rural land circulation system.To draw useful ingredients from the two legal systems on behalf of the country's agricultural land transfer legal system,the paper introduces the legal system of farmland circulation in USA and Japan.The third part mainly introduces the reform of separation of three rights.The first is the overview of the reform.The second is the theory of the dispute such as agricultural land privatization path,the path of nationalization of agricultural land and improved farmland use rights.Finally,the reform is the need of realistic choice such as agricultural production and policy orientation.The fourth part mainly introduces the legal construction of farmland management right transfer under the division of three rights.The first is its legal attributes from the concept and circulation to clarify the way.The second is the choice of value such as fairness and efficiency and the use of value and exchange value.Finally,the function of the system is discussed from the angle of protecting members' rights and promoting the marketization of production factors.The fifth part mainly introduces the system construction of farmland management right transfer.Firstly,the state should improve the relevant legislation and timely amendments to the land of the law.Secondly,the state should construct the agricultural land circulation system and the farmland property right transaction market in order to strengthen the government supervision function and combine the "invisible hand" and"tangible hand".Finally,the state should also reform the supporting system,such as land registration system,social security system,household registration system and agricultural subsidies.