Research On The Issue Of "three Powers Separation"

Put forward the "2014 Central Document No.separation in the original land ownership and the right to the contracted management of two rights on the premise of implementation of collective ownership of rural land under the stable operation right,the right to contract farmers deregulation".The innovation in this policy is an inevitable choice between history and reality.On the one hand,by insisting on the land collective ownership,farmers stable contractual rights,protection of the Contractor's rights and play farmland has the social security function;on the other hand put forward the management right,allowing contracted land management rights secured financing from financial institutions.It will help to release the scale of agricultural land and provide land for the development of agricultural modernization.However,after the "division of the three rights" of the agricultural land,there are a series of problems,for example,the definition of the right nature of the land contract right and the right to management.Two,the right structure system of land ownership,land contract right,land management right and the contents of their respective rights after the "three rights division".Three,under the "three rights division",the problem of the right function transformation and reconstruction and the balance between the right to contracted land and the right to operate are related to the three rights division.In this paper,the nature of the right of land contracting and the right to manage is clearly defined,and by analyzing the relationship between the three rights,we clarify the right structure system of the three rights and rationally divide the three rights.Suggestions for solving the problems existing in the "three rights division" and the problems of imperfect and unreasonable legislation are put forward.