The Study On Legal Questions Of “Three-right Allocation” Of Rural Land

With the sustained and rapid economic development,and a large number of peasants working in the cities,there are frequent wasteland appear in various parts in China.Under this circumstance,the traditional“ two-right separation” model for rural land cannot fully meet the needs of rural economic and social development.The rural land management rights began to circulate in different scales,and the rural land management rights transfer has become an inevitable trend.Therefore,in order to comply with the social development and the times,since its first proposal at the Communique of the Third Plenary Session of the 18 th Central Committee of the CPC,“three-right allocation” has become an inevitable reference to the "No 1 Central Document" every year.Under the background of “three-right allocation” system,this paper takes the current property law as the cornerstone to make a holistic judgment on realizing “three-right allocation” in rural land,it deconstructs the “three-right allocation” structure from the perspective of land ownership,land contracting right,and land management right.It carries out a theoretical discussion on the legal issues of “three-right allocation” in rural land,not only embodies the jurisprudence legitimacy,but also is a rational response to the reasonable reality demands.This paper analyzes the controversial issues concerning the “three-right allocation”on rural land and gives corresponding suggestions on relevant legal issues,and attempts to outline its legal protection system.If there is no basic precondition for the land management rights separation from contracted rural households management rights,land rights will not be able to achieve due legal effects,and legal issues such as the rights confirmation,mortgages,and shares in rural land will be difficult to solve.Through practical exploration and theoretical innovation,this paper analyzes from the perspectives of theory,practice,legislation,gradually improves the relationship between the three-right,explores the right structure of the“three-right allocation”system,and provides for“three-right allocation”implementation.With strong theoretical support,studying the legal issues in the “three-right allocation”system can enrich the legal theory connotation,and promote the rural reform by using the“three-right allocation”system to reform the land system,especially to promote maintaining farmers interests and agriculture.And the progress anddevelopment in rural areas have opened up new paths for the modernized Chinese agriculture with new characteristics.