Research On The Separation Of Contracting Rights And Management Rights

In 2014,the "three rights separation" policy of agricultural land was written into the central document for the first time.From 2014 to 2017,the government has introduced relevant policies for the implementation of the "three rights separation" of agricultural land,and encouraged the pilot of the "three rights separation " of agricultural land.Under the impetus of the central policy,the separation of contracting rights and management rights are allowed to be tested nationwide.With the development of social economy,many farmers are working in the cities.A series of problems have emerged,such as the abandonment of agricultural land,the decentralized agricultural management,a demand for transfer and mortgage,and so on.The fragmentation of traditional family management is not adapted to the development of the market,agricultural scale management is more suitable for the needs of social development.Although the policy of "three-power separation" of agricultural land has unparalleled superiority,but due to the lag of the law,the insufficient understanding of collective ownership of land,contracting rights,and management rights.In particular,the lack of understanding of contracting rights and management rights,leaves “the three rights separation ”without legal support and theoretical support.Contracting rights and management rights need to be improved in practice,otherwise the goal of reform will not be realized.This paper discusses the historical development process of agricultural land in China,relevant policy document and academic authoritative viewpoints.The historical analysis method,the empirical research method and the system analysis method,are used to study the “ three rights separation” policy of agricultural land.Analyze the existing problems of agricultural land in our country,find out the suitable direction for agricultural land development in China,further improve laws,promote the perfection of the legal system of the “ three rights separation”.Firstly,this paper discusses the background and policy evolution of the "three rights separation" of agricultural land,points out the necessity of "three rights separation" policy of agricultural land,put forward the value target of the separation of contracting rights and management rights,grasp the direction of “three rights separation” on the whole.Secondly,by sorting out the different theories about contracting rights and management rights in China,points out the confusion of contracting rights and management rights.These perplexities directly affect the implementation of the relevant laws in the civil code.Thirdly,combining the legal principle behind contracting rights and management rights under the background of collective land ownership,we should make a proper orientation of them after the separation,providing a perfect theoretical basis for the perfection of the "three rights separation" of agricultural land.Finally,the paper puts forward some suggestions on how to further realize the system construction of contracting rights and management rights.mainly from the structure of the system: one is constructed after the split of the contract right,from the point of view of how to implement the contract relations "unchanged for a long period of contract right angle,and should have the power;two is proposed for management right system structure,including franchise name,management rights and management rights registration,grasp the power structure from the aspects of management right.By using the power structure after contracting right and management right,this paper puts forward some suggestions for the development of the "three right separation" system of agricultural land in China.