A Study On The Legal Issues Of The ''Three Rights Of Separation'' Of Rural Land

The “three rights of separation” reform is another major innovation of China's agricultural land “two rights of separation” mode.This reform adapts to China's social development process,and it is also in line with the actual rural situation in China.Central document put forward that on the basis of the implementation of collective ownership of rural land formally in 2014.Make farmers contracted rights stable,liberalize land management rights,after that our country also introduce the policy document to emphasize the importance of “three rights of separation” reform.Because the “three rights of separation” reform only appeared in China's national policy level currently,It is also not mentioned this concept in the legal level,so there are different opinions in our academic circles.There are different controversies on the definition of,the content and the qualitative problem of farmland management right in “three rights of separation” reform.The appearance of national policy is earlier than the construction of legal system.The reform of agricultural land “three rights of separation” has its rationality.When a farmland system is basically mature in practice,it can only be promoted to the legal level to ensure its smooth progress.In this paper,the author summarizes the “three rights of separation”,aims to analyze the legal connotation of the “three rights of separation”,and discusses the "three rights" in the reform process of the “three rights of separation”.This paper makes a comparative study on the qualitative problems of the land management right in the “three rights of separation”,which provides the theoretical basis for the rise of the reform of the “three rights of separation” in our country to the legal level.This article takes the rural land “three rights of separation” as the research object,and was divided into three parts.At the beginning,it analyzes and generalizes the relevant policy documents of the rural land “three rights of separation”;secondly,This paper sums up and analyzes the legal connotation of the “three rights of separation” of agricultural land in dispute,and analyses the legal problems existing in the “three rights of separation” of farmland.Finally,the law of “three rights of separation” of agricultural land is introduced.The author puts forward some suggestions on the construction of legal system.The first part expounds the proposition,the legal connotation and the necessity of the “three rights of separation” of agricultural land.From the point of view of putting forward the reform of the “three rights of separation”,the paper focuses on a series of policy documents about the reform of the “three rights of separation”.This paper analyzes the necessity of the reform of the “three rights of separation” from both the theory and the reality,and analyzes and explains the three different viewpoints of the academic circles on the legal connotation of the “three rights of separation” reform.Finally,it is concluded that the management right of agricultural land is a new type of right arising from the reform of “three rights of separation” reform.The ownership of collective land,the right of farmers to contract and manage land,and the new land management system of agricultural operators are established.The management right constitutes the farmland right system of “three rights of separation”.The second part discusses the legal problems in the process of the construction of the “three rights of separation” system of agricultural land.Firstly,it generalizes and analyzes the legal problems existing in collective ownership and land contract management right respectively.Secondly,as there are no relevant provisions on the management right of agricultural land in the current law of our country,the lack of legislation on the management right of agricultural land is emphasized,and the qualitative problems,subject and content of the right to the management of agricultural land,which are more controversial in academic circles,are also discussed.Some legal problems in the registration system of farmland management right are analyzed and summarized.Finally,the conflict of law between collective ownership,land contract right and land management right is analyzed.The interest balance of interest is threatened,and puts forward the deficiencies of agricultural subsidy policy and land expropriation compensation policy under the background of “three rights of separation”.The third part analyzes the construction of the legal system of the “three rights of separation” reform of farmland.This chapter firstly analyzes the main body and content of the land collective ownership,and then,This paper puts forward the correct understanding of the right to contract management of agricultural land and the content of the right it enjoys in the reform of the “three rights of separation”.After that,the paper analyzes emphatically the system construction of the right to manage agricultural land.The author puts forward that we should perfect the relevant legislation of our country and clearly stipulate the management right of agricultural land in the law,and make a comparative analysis of the attribute of the management right of agricultural land,and confirm the legal trend of the property right of the management right of agricultural land.And the subject and content of the right to the management of agricultural land.This paper analyzes the construction of the legal system of farmland management right registration system.Finally,it makes suggestions on how to improve the relevant supporting system in the reform of farmland “three rights of separation”,so as to ensure the smooth progress of farmland “three rights of separation” reform.