The Right Structure And Protection Of Agricultural Land "Separation Of Three Rights"

The "three power division" refers to the collective land ownership,land tenure and land rights constitute new farmland property rights model,this model is based on the collective land ownership and the right to land contractual management of rural land "two rights separation" model of innovation,is to explore the practical background of the moderate scale management of farmland land the fragmentation state of the construction of innovation is the development of rural productivity and mode of production after the system.The traditional "two rights division model" is too inclined to guarantee the value of agricultural land to farmers,but failed to give full play to the efficiency value of farmland.The land management right and land contract right differentiated from the "three rights division" will respectively serve as the benefit function of farmers' security function and property increment,and make the land management right be separated from the social function of farmers' security,and be free from the market allocation to efficient agricultural projects.The right of land contract to maintain the legal rights of farmers and land relations,reflects the farmers "average land ownership" of the social security function,can be regarded as the right guarantee of farmers more rights,its content mainly includes contract rights,separation of identity maintenance price claim,land expropriation compensation right,right of inheritance,exit right etc..The land management right,as the property right,can be free to dispose of the circulation,which can solve the disadvantages that the original land contractual management right can not be mortgaged and can not be directly invested.Land management right should be set into usufructuary right,including the right of production and management,the right of free disposition and the right of profit.Legislation should respond to the practice of agricultural land property rights reform in a timely manner,and the "three rights division" can not only stay at the policy level,but should rise to the law,and put forward the following legislative proposals for the problems existing in practice:(1)perfect the legal system: first,should modify the basic law of the land,"property law" and "rural land contract law",the second,the main purpose of the rights separation and separation is to promote the transfer of land,and therefore related farmland changing to keep up with the pace of construction of special laws and regulations;(2),improve the system of land contract approval and separate registration;(3)establishing the system of land management rights mortgage;(4)the optimization of agricultural subsidy policy to improve it.