Research On The Legal Promotion Of Farmland Management Right Circulation

According to the current situation of the circulation of agricultural land contract management right,it can be learned that although the rural land circulation is increasing,the land circulation still does not meet the needs of the moderate scale of agriculture.The rural land production environment shows the form of the contractor and the operator.Adjust farmland rights relations to activate existing farmland resources.There are real dilemmas and legal defects on the circulation of rural land contract management right,which leads to the unavoidable effect of agricultural land resources.In order to change the current situation of the central authorities timely introduction of agricultural land separation policy,select the farmland ownership,contractor and the right to operate the right to set the reform path,with the intention to use the right to operate live.In the framework of farmland contracting system,it is necessary to obtain the land contracting right first to carry out agricultural production.Land contracting right as a kind of usufruct interests to explore its essence of the core found that the right to land contract management should include the right to contract(the right to use land and property rights)and the right to operate(the use of land use rights)two parts.Farmland is the land use rights and interests of the exercise of this part of the content,and land use rights are still belong to the contracted farmers,this part does not exchange,can not be transferred.We believe that under the collective ownership of agricultural land,the realization of land use rights and interests is the prerequisite for the right to operate land,because one of the elements of the right to operate land is to obtain the land use rights.In addition,the business behavior is the transformation of the material,in the business object(object)under the premise,but also need to operate the main(human labor)conditions.This means that the implementation of agricultural production,operators must first obtain the right to land use rights and interests,and also need the labor force for the arrangements for agricultural production and product disposal,so as to complete the entire business activities.The labor force of the main agricultural management is owned by oneself.The result of the operation is the disposition of the agricultural management subject,guaranteeing the gains and losses of the laborers,and realizing the right to use the labor force.The right of agricultural land management has its own particularity is different from other types of usufructuary,and the meaning of land management right should be given to help guide the orderly circulation of agricultural land.The current rural land system has not treated the farm land contract right and the farmland management right differently,the legal content of land management right is not clear,the mortgage financing function of the farmland management right is limited,which leads to the non-high quality circulation.Farmland management right and farmland contract right is different;farmland management rights and land contractual management rights in the social basis,the scope of the main body of rights and rights content there are differences.Under the current reform of the three rural land rights separation,The three right of farmland should be made a legislative response,and construct a scientific and rational legal system to resolve the current difficulties in the transfer of the mortgage and guarantee of farmland management rights.This paper explores the legal promotion of the transfer of farmland management right under the background of the three rural land rights separation,proposes to establish a new concept of the circulation of farmland management right: the idea of farmland contract right and management right division,the idea of individual circulation of farmland management right;Revising the legal content of the circulation of farmland management right,in order to develop farmland shares,guarantee of legal system,the formation of efficient farmland circulation;at the same time,in order to prevent the risk prevention of farmland circulation and achieve a modest scale of the development of agricultural modernization needs of the construction of agricultural land management Supporting mechanism: the establishment of farmland management rights transfer transaction service mechanism,the establishment of agricultural land management rights transfer risk protection mechanism,improve the management of farmland after the transfer of government supervision mechanism.