The Succession Issues Of Rural Land Contracting Right In The Reform Of "Separation Of Three Rights"

The agricultural land contract and management rights is an important property right that concerns the production and life of farmers.Legislation does not expressly provide for the inheritance of land contracted management rights,so this issue has been controversial.In recent years,the reform of the 'separation of three rights' has had a revolutionary impact on the right structure of farmland contracted management rights.It poses new challenges to the original inheritance system of farmland rights.This paper sorts out the progress of the reform of the farmland rights system.It comprehensively expounded the evolution,motivation,value of the 'separation of three rights' policy,and further analyzed the controversy over the rights structure and nature of the right under the reform.Retrieval of laws and cases to obtain legislative documents and judicial decisions for the succession of the agricultural land contract and management rights,analysis concluded that after the reform,there is no explicit provision in the legislation,and the judicial practice is different.Some favored inheritance and some opposed inheritance,resulting in the phenomenon of“different judgments in the same case”.In view of this,the article further focuses on the succession of farmland contracting rights and management rights under the reform of"separation of three rights",and concludes that“in the case of a long-term change in the contractual relationship(the duration of the contract between the contractor and the contractor).The qualifications of the contractor shall not be inherited,the contracted contract shall be inherited during the existence of the contract,and the farmland management rights may be inherited." It proposes separate inheritance,inheritance of priority inheritance,and the withdrawal mechanism of contracted rights,completes the systematic rural social security system,and makes the inheritance of farmland rights operability to promote the realization of farmland rights inheritance,with a view to inheriting farmland rights.I hope to be considered when the "Law of Succession" and"Land Contracting Law" are revised.The policy is harmonized with the law.