The Study On "Three Rights Division" Of Rural Land In Civil Law

Farmland "three rights division" is an innovation on farmland system reform which is adapt to the trend of current rural rapid development. The re-separation doesn' t mean to deny the household contract responsibility system, instead, it continues to adhere to the important decision of the contracted management of land and further improvement. At the same time,it is also an innovative way of insisting on farmland collective ownership.Farmland "three rights division" focuses on allowing flexibility of management, realizing rational and orderly flow and maximizing the efficiency of farmland. Farmland "three rights division" has become a realistic need, however, it only stays at the national policies in current and doesn' t translate into the corresponding logic of law. It also has no clear legal provisions, at the same time, there's a lot of differences and problems in the academic research and the actual operation process.The civil architecture of farmland "three rights division" needs to solve three important legal problems. First of all, it also makes adjustment based on the collective communism and social security of the power of the collective land ownership to improve the powers so as to promote the transfer of land freely and orderly, realizing the moderate scale development of farmland. Secondly, through the comparison and analysis of the different structure models of the re-separation, as well as combing with the reality of rural areas, the author thinks that the separation is adopt to "usufructuary right plus usufructuary right ".Under the new situation, the re-separation is the innovation and perfection of the family contract responsibility system. The agricultural land property right is further divided into land ownership, land contract right and land management right.Although the land contract right and land management rights are based on the land as the object of the usufructuary right, but its contents are different,so there is no legal conflict. Once again, the realization of the free transfer of land management rights is one of the contents of the "three rights division", which is the purpose of the land management right freedom. The separation of the land contracting right and the land management right let the diversification of the way of farmland management right and the realization of the financing function of the farmland come true. And at the meantime, the third party is introduced to participate in the actual operation of the agricultural land management which improves the efficiency of land management. On the Civil Law Structure of farmland "three rights division", not only can play the agricultural social security function, but also to achieve the value of agricultural land. It lay the institutional foundation for the function of agricultural land financing.