Research On The Land Contract Right Under The Three Rights Division

Since 1978, China has implemented a household contract responsibility system.Land ownership owned by the collective, farmers can contract the collective land,farmers through the collective land farming operations income. During this way, land ownership and land contractual management rights separated, breaking the previous "big pot" type of agricultural production methods, improve the utilization of agricultural resources. Wiih the acceleration of urbanization, the rural population gradually moved to the city, according to the National Bureau of Statistics approved the feedback data, Hubei Province at the end of 2012 urbanization rate as high as 53.5%. The intensification of the urbanization construction and the increase of the number of migrant workers in the country have led to the existence of "separation of households".The idle of agricultural land has caused a waste of resources,which is not conducive to the development of agricultural modernization. On the basis of the "stable rural land contracting relationship and the long-term change", the Central Committee of the People's Republic of China put forward the principle of" sticking the collective ownership of rural land and stabilizing the contracting right of the farmers and saving the land management right", realizing the situation that land ownership ,land contract right and land management right were separated. The state supports the transfer of the right of management by the farmers and the concentration of some of the abandoned contractors in the hands of resource-rich demanders, not only increasing production efficiency but also promoting agricultural modernization.At present, although the policy has been guided the direction ,and a number of places have also been launched practice and achieved some results, but some of the existing practice to explore a breakthrough in the provisions of the law, the policy can not be used as a basis for the practice of specific institutional arrangements. Because the law does not determine the meaning of three rights and their contents, which greatly limits the practice. Therefore, in order to ensure the orderly circulation of the right to operate, it is necessary to reasonably stipulate the content and system of the three rights under the premise of guaranteeing the rights and interests of the peasants. Among them, the stability of the contractor is to protect the rights of contracted farmers to reduce its right to operate in the transfer of the risk of land loss, so the law need to provide the right to contract the content, so that farmers in their own rights are guaranteed, farmers can safely flow out their land management right.This paper will study the land contract right under the three - power division, interpret its meaning, characteristics and rights content, and discuss how the law should stipulate the specific content of the contract right and how to construct the balance system of the three rights.This paper is divided into four parts:The first part is the interpretation of the meaning of land contract right and the generalization of its characteristics. The land contract right is the right of the collective economic organization members to enjoy the status of the contractor after the transfer of the land management right. Land contracting rights are also more special, is the national provisions of the rural land; land contract right's content is wide, it not only includes some personal rights, but also some property rights; land contracting the main body is a specific population, whether it should be cured should be reasonablely prescribed.The second part is the nature of the land contract right. On the nature of land contracting rights There are member's right saying and property rights saying. Through the interpretation of the purpose of policy development, analysising of the origin of land contract,the author think that land contract is actually a usufructuary.The third part is about the content of land contract right. The land contractor as a member of the economic organization to enjoy the right of collective economic interests;in the transfer of land management rights to enjoy the right to pay the right to claim; after the transfer of land land contractors based on the contractor status is still indirectly occupied land, so enjoy the contract status maintenance, The land acquisition right and the land use supervision right; in the land acquisition, the contractor has the right to claim land requisition; In addition, the land contract right should also include the right of inheritance and paid exit.The fourth part is the legal regulation of land contracting rights. As the existing law on the lack of contracting rights, I propose to amend the "Rural Land Contract Law" or"Property Law" to clarify the legal status of land contract and the right content. In the"Property Law" to determine the nature of the right to land contract to determine the usufructuary property rights, so that the protection of the contractor in law. In addition,we must also stipulate in the law some of the corresponding security system of land contract right, balance the contract rights and ownership and the right to operate between the conflict of interest, so as to ensure that the content of land contract rights can be fully realized. In the process of realizing the citizenization of the peasants, the law should also regulate the exit of the land contract right, standardize the exit conditions and withdraw the compensation, so as to provide feasible system guarantee for the modernization and large-scale development of agriculture.