Research On The Registration System Of Rural Land Contracting Right Under The Background Of "Tripartite System Of Farmland"

The contractual management right of land originates from the contract system of household co-production responsibility,and it is based on the collective land ownership to establish the land contractual management right to be owned by farmers.The separation of land ownership and contractual management rights has indeed enhanced the enthusiasm of labor and greatly promoted agricultural production in a certain historical period.However,by now its effectiveness has been exhausted and cannot support today's agricultural scale production.The state encourages the land to change from decentralization to concentration through circulation,and on the basis of moderate scale management of agricultural land,the central government has put forward the reform of the "Tripartite System of Farmland".At the policy level,the structure of the property right is interpreted as ownership,contract right and management right,but so far "three." There is still a lot of controversy about the meaning and realization mode of the separation of rights.In order to realize the transformation from policy to law,the "Tripartite System of Farmland" must be supported by a suitable farmland registration system,but at present,the registration of land contract management right in our country is not mature enough and there are many defects,such as the inconsistency of the registration authority.The scope of the content is incomplete,the effectiveness is insufficient,and so on.In addition,for a long time,the main body of the rural land ownership right is not clear,the ownership of the right is not clear,and the land circulation is chaotic.Starting from the nature of the registration system itself,it is also for the state to strengthen land management and safeguard agricultural land.All the rights on the road to sustainable development and even the inevitable requirements.This article mainly adopts the standard analysis method,the empirical research method,the literature research method and so on more conventional method to carry on the multidimensional demonstration to the proposition content.Based on the existing theoretical research results,this paper makes a deep analysis of the defects and causes of the registration of land contractual management rights in China,combining with the background of the reform of "the Tripartite System of Farmland".Try to explore a set of reasonable land contractual management rights registration scheme suitable for our country in a limited range.This paper is composed of three parts: introduction,conclusion and main body,in which the main body is divided into four parts,which are the basic problems of the registration system of land contractual management right and the predicament of the registration system of land contractual management right.The way out and conclusion of the registration system of land contractual management right under the background of the separation of three rights.The specific contents and internal logic of the above four parts are as follows:The first part is the basic problems of the registration system of land contractual management rights,including the historical changes of land contractual management rights and its registration system,the nature of land contractual management rights registration,and the necessity of land contractual management rights registration.The purpose of this paper is to sort out the concept of property right structure of land contractual management right and its registration,as well as the concept of property right structure of "separation of three rights".It is pointed out that the reform of the separation of three rights of agricultural land is the vane of designing the registration system of land contractual management right,and the registration system of land contractual management right must complement each other with the reform of decentralized and separate structure of agricultural land.The second part is the predicament of the registration system of the land contract management right,which summarizes the problems existing in the present land contract management right registration system,including the inconsistency of the registration authority of the land contract management right.Land contract management rights registration scope is not comprehensive,land contract management rights registration effectiveness of less than three plates.The third part is the way out of the registration system of land contractual management right under the background of "separation of three rights".In view of the disadvantages summarized in the previous chapter,this paper tries to put forward reasonable suggestions on the basis of multi-party argumentation.The establishment and circulation of land contractual management rights should adopt the mode of registration and effect,the property rights of management rights should be changed and registered,and the registration of land contractual management rights should be incorporated into the registration of real estate.The fourth part draws a conclusion,summarizes the shortcomings of the article,and expresses the expectation of the reform of the registration system of land contractual management rights.