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Construction Of Farmland Rights Under The Three Rights Division

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:J S ZhangFull Text:PDF
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The way to break up the contractual rights and the right of land management from the land contractual management right is to interpret the "three rights division",which is actually the result of path dependence,which itself has its own logic confusion.According to the provisions of the existing laws,the purpose of the amendment of the land contract law and the logical system of the policy itself,the logical explanation of the "three rights division" should be that the members of the collective economic organization should exercise the land contract right,and then sign the land contract with the peasants to obtain the land management right.In this sense,the right of land contract is actually the qualification of the contracted land owned by the members of the collective economic organization,and the content,production and nature of the land management right are highly consistent with the contractual management right of the land.Under the dual attributes of public property and private property,collective land ownership includes the power of possession,use,income,disposition,management and guarantee.The right of land contract is essentially a kind of collective economic organization member's right that reflects expectation interest and has a transitional nature.In order to avoid the erosion of collective rights to members,it is necessary to formulate the membership right system of collective economic organizations as early as possible.The land contract right which belongs to the members of the collective economic organization only includes the power of the land contract and the right to protect the land contract.And other powers are either based on land contract or land transfer contract,or belong to the power content of the land management right.The archetype of land management right is the land contract management right with the nature of usufructuary right.The transfer of land management right is the "core problem" to solve the three rights,the transfer of creditor's rights including transfer and property transfer,in accordance with the revised trend of land management law,the transfer of land management right transfer is still unknown,financing constraints and effect rules of inheritance rules is not clear and other difficulties.In the civil law and the farmland contract law revised,handle the relationship between ownership,contract rights and management rights of the three and build up a reasonable rights system,for the "Three Rights Separation" policy into law finally rose has important meaning for law.The first part is the logical explanation of the "three rights division" policy.The "Three Rights Separation" policy implications embodied in the following points: from the content of the right view,right of land contract is not included for the right to land contractual management rights;from the point of view,the land contract right before the land contracting right exists;from the point of view of rights,from the land and to achieve the decomposition the right to contracted land of the contracted management right has been realized.Therefore,the logical interpretation of the land contracting right and the land management right from the land contract management right can not be established in the jurisprudence.The second part,the legal expression of the right and power of collective land ownership.Collective land ownership should reflect the nature of collective public ownership,and should reflect the social and public interests.Under these two,collective land ownership has the property of public rights.In addition,the ownership of collective land has the same private property as other ownership.Under the dual nature of public and private ownership,collective land ownership includes the contents of land ownership,use,income,punishment and the management and protection of collective members.The third part,the legal expression of the land contract right.The land contract right has the character of transition and expectation.The land contract right is not a usufructuary right,but a category of collective membership,so the main body of the land is only a member of the collective economic organization.The land contract right contains only the power of the land contract and the ownership of the land contract.The fourth part,the legal expression of the land management right.In nature,the right to land management is not a creditor's right or a secondary usufructuary right,but a typical usufructuary right.Under the background of the "three rights division" system,the land management right is another way of expressing the land contract management right.The content of the land management right includes the power of possession,use and use.In addition,the land management right itself can be punished freely.
Keywords/Search Tags:Three Rights Division, collective land ownership, land contract right, land management right
PDF Full Text Request
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