Research On The Legal Issues Of Rural Land Management Rights Transfer In China Under Separation Of Division

Land is the basis of people's livelihood and is the basis of national food security.In the context of urbanization,a large number of rural labor force has shifted to cities.The actual agricultural production personnel are mainly women left behind in rural areas.This group of people has its own conditions.The restrictions are difficult to adapt to new types of agricultural production.In the past,the traditional family-style agricultural production resulting from the fragmented land size has not been able to adapt to the development of society.Therefore,the country has made a timely basis on the basis of “establishing the mechanism for transfer of land contractual management rights”.The reforms put forward the reform idea of insisting on ownership,stabilizing contracting rights,and liberalizing operating rights.Land management rights have been more flexible,rapid,and effective under the “three rights allocation”,which has promoted the transformation of the agricultural industry development model,optimized the production factors such as land and labor,and promoted the modernization of agriculture.This study uses the “three-weighted structure” as a starting point,comprehensively uses a variety of research methods,and sorts out related theories such as “three rights allocation” and land management rights,and introduces different types of circulation methods from the main types of circulation.The trend of practice of the characteristics and circulation methods analyzes the current legal issues and possible causes of the infringement of the main rights of the transfer main rights,the unbalanced protection of the interests of circulation subjects,and the higher risk of the realization of the main interests.Through the analysis of land transfer system reforms in the United States,Britain,France,and Japan,we concluded that practices that may have implications for the transfer of land management rights in China,and put forward the principle of flow transfer and participation,taking into account the principles of efficiency and fairness,and The four aspects of the market,the market and risk prevention are supplemented by relevant supporting systems to improve the circulation legal system.At the same time,in order to better protect the role of the legal system in the transfer of land management rights,the operational safeguards of the legal system have been proposed in terms of constructing circulation benefit-sharing mechanisms,building circulation trading platforms,developing circulation social services,and perfecting circulation dispute resolution mechanisms.Under the background of “three powers”,the transfer of land management rights is of great significance to the moderate scale operation of agriculture.As a new form of rights,land management rights provide more flexible options for land circulation.This study focuses on the perspective of interest protection,focuses on interest protection and sharing of benefits between multiple entities in circulation,explores legal system improvements in the transfer of land management rights,and proposes specific measures for the “Rural Land Contract Law” and “Property Law”.The article proposes amendments to the law,with a view to providing solutions and legal basis for the problems that arise in the transfer practice.