Research On The Legal System Of Land Management Right Circulation

The development trend of modern agriculture in China and the accelerating process of urbanization urgently need the moderate scale production and management of agriculture,while the moderate scale production and management of agriculture needs the moderate scale of rural land.Therefore,it is necessary to construct an orderly circulation system of land management rights in order to promote the realization of the goal of moderate and large-scale production and management of agriculture.However,the rural household contract responsibility system,which is characterized by the separation of the two rights,has made a lot of restrictive provisions on land circulation,and lacks the system of land management right,which was established by the original Rural Land contract Law.As a result,the nature of the rights in the circulation of land is not clear,the specific rights can not be clear,and it is difficult to have disputes over the circulation of land.Effective solution.The Rural Land contract Law,revised in 2018,implements the major decisions of the CPC Central Committee on the separation of the three rights of rural land,and establishes the right institutional framework for collective ownership of rural land,land contract rights,and land management rights.Its focus is to stabilize farmers' management rights,let go of land management rights,realize the orderly circulation of land management rights,and improve and develop the rural household contract responsibility system.However,the new Rural Land contract Law lacks the definition of the right attribute of the land management right,and the key system content is not clear,which is not conducive to dealing with the disputes between the rights and obligations of the three rights,and is not conducive to the protection of the legitimate rights of the land management right person.Therefore,There must be Under the background of the separation of three rights,we should study the theory of land management right,and guide the perfection of the circulation system of land management right.First,the right attribute of land management right is expounded from the basic theory of land management right,and the right of land management right should be the property right of the right person to obtain the property right with the effect of real right and the right of mortgage.Through the determination and explanation of theproperty of the right of land management right,it provides the theoretical support for solving the problem of the transfer of land management right.Secondly,it studies the theory of the separation of three rights,systematically expounds the composition of the rights of the three rights,the basic principles to be followed,defines the legal relationship between the three rights,and makes a good theoretical basis for standardizing the circulation of land management rights.By summing up the historical evolution of the separation of the three rights,we can deepen the understanding of the development of rural land rights in China.Thirdly,it introduces the current situation of land management right circulation in China,which is characterized by the expansion of scale,the imbalance of circulation area and the trend of circulation diversification.This paper reveals the existing problems in the circulation of land management rights,including the irregular circulation of management rights,the imperfect circulation market,the inaccurate positioning of government supervision,the phenomenon of infringing on the interests of farmers,and the unclear definition of the connotation of the three rights.Finally,from standardizing the procedures of land circulation,building the whole land circulation market,strengthening the supervision and positioning of land circulation,establishing a diversified dispute resolution mechanism,establishing the registration system of land management rights,and defining the qualification examination of the main body of land management,Project audit and risk prevention put forward some suggestions for the construction of the system of orderly circulation of land management rights in order to realize the demand of agricultural modernization.