The Theory Of Rural Land Contract Right And Management Of Separation

"Separation division" is a new trend of rural land system reform,to build a new type of agricultural management system,to carry out the central policy advocated by farmland collective ownership,to carry out the right to contract farmers,allowing flexibility of land management.Consulting contract and management rights division are controversial in theory,but the key should be from the new perspective of how the land contract right from right to the contracted management of land,and then discuss the land contract right,after the separation of right to the contracted management of land and our intention for the purpose of operating the rural land usufructuary right.The reform and breakthrough of the new system is not blind.It is an innovative "power point" to re-examine the reform and vicissitude of China's rural land system and take history as a mirror.Demonstrated in the following three aspects:(1)in this paper expounds the Chinese rural land property rights system reform of the course of "two rights separation",from germination to develop complete,to the rural economy make a big difference,but after more than 30 years,the original system and unable to match the rapid development of society,the rural land system reform,the land contract right and the right division,achieve the objectives of the "three division".(2)the necessity and feasibility of the separation of rural land contract right and management right are discussed.Main point and the key of the reform of "separation of division" is stable farmers land contract right,allowing flexibility of management of the land,firstly discusses the inadequacy of the rural land system in the society now,and all sorts of problems due to the restriction of the land system,shows the use of the land contract right and the necessity of management division;Then discusses,through a land contract right and the reality of the franchise division basis and theoretical basis,show the feasibility of its division,without violating China's current civil law real right theory at the same time,separated from land management right to the contracted management of land,"real" in the nature of the ownership of the land contract right.(3)for separation of division after a new design of the right to improve the land contract right and the structure of thefranchise,clear rights subject and the connotation,theory with practice,after the separation division rights still take the name of "land contract right" and "land".By strengthening the main status of farmers' contracting rights and enriching their rights contents,it is better to protect the interests of farmers.By determining the nature of the land management of usufructuary right,expand the scope of the main body of land management rights,the right holder to possess,use and benefit to the contracted at the same time,also can enjoy a certain elasticity of disciplinary power,including the transfer and mortgage,etc.,to further safeguard the interests of the actual business operator.In addition,we should improve the supporting system,give full play to the system benefits brought by the reform of the new "three-power separation" reform,and better meet the actual needs of agricultural labor.