Research On The Reform Of Rural Land Contract Right SystemUnder The Background Of "Separation Of Three Rights"

The 2014 “Central First Document” clearly proposed that “in the basis of implementation of the collective ownership of rural land,stabilize the contract right of farmer and liberalize the management right”.In 2016,the central committee of the communist party of China and the state council issued the Method about Improving the ?Separation of Three Rights?,pointed that at this stage we will deepen the reform of the rural land system,satisfy the farmers? demand of keeping the rural land contract right and transferring the management right,divide the contract management right into contract right and management right,implement the separation of the ownership right,contract right and management right.The separation of the contract right and management right makes the rural land property right system change from the “separation of two rights” to “separation of three rights”.The “separation of three rights” system is the re-innovation of the rural land contract right system in the basis of the original system.Under the background of the integration of the city and countryside,“separation of three rights” clarify the rural land property right structure,clear the right border of the ownership right,contract right and management right.After “separation of three right”,the connotation and border of contract right are clearer,the power is richer.The rural land contract right system is the core of the rural land property right system.Contract right is the realization form of the rural land collective right,the basis of transferring the management right and the key point of the “separation of three rights”.Under the background of “separation of three rights” system,deepening the study on the reform of rural land contract right system,strengthening the stability of the contract right,promoting the farmland management right transferring and realizing the farmland moderate scale management have important theoretical and practical significance to the improving the agriculture modernization and new urbanization,realizing the integration of the city and countryside.Based on the perspective of the evolution of the rural land contract right system,summarized the evolution rule and experience of the rural land contract right system,analyzed the problems of the rural land contract right system,and then put forward the suggestions on deepening the reform of the rural land contract right system.This paper is divided into five parts:The first part mainly introduced the topic background,research significance,study at home and board,the paper research content and research method,the paper?s key points,difficulties and innovations,defined those concepts such as property right,rural land property right system and rural land contract right system,laid a foundation for subsequent writing.The second part mainly discussed the evolution of the rural land contract right system since the reform and opening-up,according to the different periods of China?s economic and social development,the evolution of the rural land contract right system can be divided into five periods,the planned economy period,the planned commodity economy period,establishing the socialist market economy system period,perfecting the socialist market economy period and the deepening the reform period,then analyzed the rural land contract right system in each period.By analyzing the policy and application of the system,the paper discussed the characteristics of the rural land contract right system in each period.The third part summarized the evolution rules and experiences of the rural land contract system.The evolution rules include the combination of the induced institutional change and compulsory institutional change,the blend of formal system and informal system,the consistent of the institutional change dependence and the institutional innovation.The evolution experience includes the stability of the contract right,the expanding of the power scope,the translation from the creditor's rights to the property rights of rural land contract right.Based on the above research,the fourth part analyzed the flow that not adapted to the “separation of three rights” system from three aspects: the obtained system,security system and exit system.Firstly,the obtained system?s problems are the implicit of the obtained qualified,the unreasonable distribution system of rural contract right and the lack of re-distribution system of contract right.Secondly,the security system?s problems are the single realization form of the contract right,the difficulty of the certification work and the lack of practical system arrangement of the permanent contract right.Finally,the clear voluntary and paid exit system of the rural land contract right system is lack.Specifically,the exit incentive system is short of power,the exit compensation system is unreasonable and the exit security system is not clear.The fifth part based on the previous theoretical research,proposed the suggestions of reforming rural land contract rights under the background of “separation of three rights”.Firstly,perfecting the obtained system of the rural land contract right.Building a fair acquisition and loss system of collective member right,researching the system arrangement of configuration contracted farmland in block in the next round of contracting period,building the re-distribution system.Secondly,the rural land contract right security system.Innovating the rural land contract right realization form,improving the certification work of the rural land contract right,perfecting the contract right permanent system.Finally,build the rural land contract right voluntary and paid exit system.Perfecting the rural land contract right voluntary and paid exit incentive system,improving the compensation system and establish security system.