Research On The Legal Problems Of Transaction Of Rural Land Management Right Under The Background Of "Three Rights Divided"

In recent years,with the continuous development of our market economy and the improvement of urbanization level,the malpractice of the farmland right system of "separation of two rights" has become increasingly apparent,and the transfer of agricultural land has become increasingly rigid.Obviously,this right system can no longer adapt to the needs of economic development at this stage.In order to break the deadlock of agricultural land transfer,promote the realization of large-scale farmland circulation and fully realize the economic value of agricultural land,in 2014,our country formally put forward the reform of "three rights division",through the division of rural land contractual management right.The purpose of shaping the independent rural land management right is to release the rural land management right,realize the agricultural land scale circulation and fully release the agricultural land economic function.In order to realize this reform goal,our government issued the related policy,and carried out the pilot project in many places in the whole country,obtained the good result,the farmland circulation became active day by day,the scale management of the farmland began to realize step by step.However,there are also some problems,such as the lag of the current law,the lack of legal support for many policies,the non-standard behavior of agricultural land transfer,the increasing phenomenon of changing the use of agricultural land,the increase of disputes over land circulation,and so on.In order to solve these problems,we must analyze the causes of these problems,in order to grasp the root of the problem,put forward comprehensive,targeted solutions.On the basis of explaining the purpose and significance of the research,summarizing the relevant research on the circulation of the rural land management right at home and abroad,and starting with the theoretical research,this paper explains the relevant concepts of the circulation of the rural land management right in our country.It explains the theory of institutional change,the theory of equal protection of real right and the theory of integration of urban and rural development,which lays a theoretical foundation for the later research.Through combing the relevant laws,regulations and policies of the transfer of rural land management right and the mode of agricultural land circulation under the background of "three rights separation",it is clear that there are some problems in the connection of relevant legislation and policy in our country;Through analyzing the concrete data of the rural land management right circulation in our country,we can know that in the rural land management right circulation practice,the scale of the rural land management right circulation continues to expand,the farmer's income increases obviously,the reform is beginning to have the effect;However,it is also necessary to face up to the lack of standardization of circulation contract,confusion of circulation mode,"non-grain" and "non-agricultural" trend of circulation of agricultural land,and the problem that there are many disputes in circulation and it is difficult to solve the problem.The causes of these problems can be summarized in four aspects: legislation,government supervision,dispute resolution mechanism and supporting system.To improve the circulation of rural land management rights can be carried out from these four aspects,specifically from the change of existing laws and policies do not adapt to the provisions,at the same time,improve the regulatory function of the government,improve the rural land management rights transfer dispute resolution mechanism,In order to standardize the circulation of rural land management right,clear the obstacles for its further development,and promote the realization of large-scale circulation of agricultural land,we should improve the corresponding supporting system in order to achieve the goal of standardizing the circulation of rural land management rights.The problems faced by the circulation of rural land management rights are very complex.These problems also reflect the deficiencies in our country's legislation,law enforcement,dispute resolution,and supporting systems.We should further promote the circulation of rural land management rights in our country.Only in this way can we create a good development environment for the transfer of rural land management rights,gradually realize its large-scale circulation,and realize the transformation from traditional agriculture to modern agriculture.Only then can the property value of rural land be realized better and farmers' land rights and interests be fully realized.