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Research On The Legal Guarantee Of Fulfillment Of Rural Land Management Right In The Background Of "Separation Of The Three Types Right"

Posted on:2018-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:X Q QinFull Text:PDF
GTID:2346330518950587Subject:legal
Abstract/Summary:PDF Full Text Request
As for Chinese characteristic rural land system,the acquirement of land contract-management rights of rural land needs the qualification for collective members.The circulation of rural land is strictly restricted by the current rural land law system.In fact,the obstruction which circulation of land encountered is that made the serious waste of rural farmland resource.Since the Third Plenary Session of 18 th Central Committee in 2013,a series of policy documentary is published.To aim at the design of rural land reform,the concept of “separation of the three types right” is proposed.That is to say,the land management right is the core issue of “ separation of the three types right” reform.It is also crucial to unlock value of rural land and to promote the development of rural economy.However,the land management right is only a concept in the facet of land policy,not embodying clearly in the structure of current law system in China.In practice,the land management right in the background of “separation of the three types right” is confronted with a series of problems like the conflicts with the policy and law,the imperfect system of operators to access,the contact setting of the circulation of rural land at will,the trading platform for the circulation of land management right cannot be made full use etc.which hampered the realization of the land management right.The thesis is made of four parts(except for introduction and conclusion):The first part discusses the legal attribute definition of land management right under the background of “the separation of the three types right”.The legal attribute of land management right is whether creditor's right or property's right.It is the problem that we must make clear before land management right into law system.Meanwhile,it can pave the way to make other law system which related to land management right.The second part presents the arrangement of the realization of land management right.To guarantee the realization of land management right,in the present stage,the registration system of land management right is implementation,cultivate the new management system,the mortage system of land management right,trading platform of the circulation of the land management system.By above systems and the performance evaluation we have achieved,we should make clear that the vital significance in the realization of land management right and based on this to create the law guarantee path of land management right.The third part analyses the problems in the process to achieve the land management right under the background of “ separation of the three types right”.This part will combined the law,policy with the systems in the second part to analyze the problems obstruct the land management right to achieve.The last part mainly states the law guarantee path to achiever the land management right.We should comprehensively understand the legal attribute of land management right and current problems,to find a problem-oriented strategy and to explore the legal guarantee path to achieve the land management right.
Keywords/Search Tags:Separation of the Three Types Right, Land Management Right, Legal Guarantee
PDF Full Text Request
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