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Reconstruction Of Rural Land Rights System Of “Three Rights Distribution”

Posted on:2019-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2416330566969081Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of urbanization,industrialization and agriculture,farmers' demand for spirit and material is increasing,the economic dynamism of the traditional two rights separation has long evaporated.Single family farmers small-scale production mode has not adapted to market pattern of large,the problem such as a large number of rural labor outflow,aging population and sideline "shell village" become the norm,rural development,multiple occupations of farmers is growing."Two rights separation" in the collective ownership is a subject in exercise,and the current law also stipulates that the collective economic organization,villagers' committee or villagers' groups three kinds of exercise the body,even is the villages and towns government involvement,lead to the exercise of collective ownership subject not clear.Collective economic organizations as the main land ownership rights to exercise due to imperfect system design,the program is not standard,unable to effectively exercise their right of ownership,collective interests as the main body of the farmers directly lead to damage to members of the rights of individual members in the absence of clear rules and safeguard measures,more difficult to implement in practice.To again release the land economic vitality,to deepen the rural reform is imminent,the central comply with the demand of practice,summary of proposed ownership,contract rights and management rights mode of "three rights" phase division and achieved remarkable results.But constrained by policy leading,contract right,the nature of the franchise rights,as well as the right content in the law has not yet have specific provision,in the practice of lead to weakness of the contract rights and the deadlock of the transfer of management rights.Through the analysis of the theory of power separation of two rights separation under,on the basis of the right of the contracted management,further explains the theoretical foundation of the separation of contract right and management right in multilayer rights theory,seeking legal supply for "separation" rise to the legislation,adhering to the central and practice guiding principle,the historic and insufficiency,scientific,practical,under the macro guidance of fair,maintenance contract farmers rights and interests,voluntary transfer in accordance with the law for origins,the preservation of the rights of new operators,play a guiding role of government functions,to practice "three rights distribution" stable and orderly implementation guide.This article is divided into four chapters,of which the first chapter expounds the system evolution of the "two rights separation",its objective historical background,as the process of The Times,a variety of defects of present,respectively,centering round the right to collective ownership and right of the contracted management of land two separate defects;the second chapter,the paper puts forward policy advocated by "separation division",first analysis "separation division" of the practice and theory of value,the second around the practice to carry out the situation,analyze the process of agricultural land management rights,leasing,property rights,investment and financing model in multiple flow forms such as those are in accordance with this article discussed the types of "separation of division" circulation and summary based on the perspective of GuiZhou pond about "separation division" experience,as well as the present everywhere,in practice,the troubles of,elaborates the below and solve;the third chapter,this paper puts forward under the policy of "three rights distribution " call upon,you need to " three rights distribution " to rise to the legislative level,for better protection,first of all,you need to explore whether there is "separation" in the law division of theoretical basis,from the power of the two rights separation theory basis until the separation of multilayer rights theory,followed by analysis of policy documents and practices around the farmland reform to adhere to the guiding principle,provide theoretical support for below clear right to property and content,so that the system design;the fourth chapter,analysis the path of the power system reconstruction,mainly on the theory of the third chapter and guiding principles to solve the first and second chapter mentioned "two rights separation" and " three rights distribution ",through the design of the legal system,puts forward the countermeasures,and eventually rise to the legislation on the modification of to ensure " three rights distribution ",there are laws to be constructed check,orderly operation guide for practice.
Keywords/Search Tags:Three Rights Distribution, collective ownership, contract right, management right, Reconstruction
PDF Full Text Request
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