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Research On The Registration System Of Rural Land Management Right From The Perspective Of "Tripartite System"

Posted on:2020-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:M G ChenFull Text:PDF
GTID:2416330572987682Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the implementation of the " Tripartite system " for agricultural land,the relationship among the ownership of agricultural land,the right to contract and the right to operate has been paid much attention and discussed by the academic circle,especially the comparison between the ownership of the right to contract and the right to operation.In order to fully implement the system of " Tripartite system " of agricultural land,it is necessary to clearly define the relationship between the three rights and their respective rights attributes,thus exploring the relationship between the right to contract agricultural land and the right to operate the registration system and the necessary characteristics of the system.Through empirical analysis,benefit measurement,comparative study and literature research,this paper makes an inquiry and analysis on the registration system of agricultural land management rights.The article is divided into four chapters.In the first chapter,based on the analysis of the relationship among the three rights of farmland ownership,farmland contract right and farmland management right,the concept of farmland management right should be defined from the traditional legal definition,i.e.the subject,object,content,duration and relationship with other similar rights of the right should be comprehensively considered.Secondly,through the comparative analysis of the "creditor's rights","real rights" and their corresponding rights publicity methods,and summarizing the obstacles to the positioning of the real rights of agricultural land management rights,from the perspective of civil law theory,it is concluded that the real rights positioning of agricultural land management rights does not violate the principle of "one thing,one right" of traditional civil law theory.Thirdly,the transfer of farmland management rights is nothing more than that farmers exchange,transfer,subcontract,lease and buy shares.Through listing the right attributes of farmland management rights under the transfer modes of exchange,transfer,subcontract,lease and buy shares,the right attributes of farmland management rights are explored through comparative analysis.Finally,the nature of the right to operate agricultural land is discussed from the perspective of benefit measurement.Because the connotation of the right to operate agricultural land has its particularity and epochal nature,the analysis of its right attribute should adhere to the unified standard of subjective and objective,give full play to the subjective initiative judgment standard and fully combine the objective variable standard in the process of value selection,and put forward the benefit rank standard and the cost-benefit law and economics standard.Theintroduction of the right to operate agricultural land with the nature of real right can not only ensure the orderly circulation of agricultural land,but also truly play the property and indemnificatory functions of agricultural land.The second chapter analyzes the legal effect of real estate registration,the nature and mode of real estate registration,and draws the theoretical feasibility conclusion of farmland management right registration.First of all,it analyzes the connotation and functional value of real estate registration,and through the comparative analysis of the property theory of real estate registration,it finally comes to the conclusion that China's real estate registration system combines the characteristics of the above formalism registration system,the materialism registration system and the right delivery registration system,and adopts a mixed mode in combination with the real situation of real estate in China,especially rural land.Secondly,through the interpretation of the relevant policies of the " Tripartite system " agricultural land reformance,the conclusion of the necessity of agricultural land management right registration is further put forward,and the role of agricultural land management right registration in coordinating the interests of the collective,the individual farmer and the new type of management subject and in the development and perfection of the national land policy and system are analyzed from the micro perspective and macro perspective respectively.The third chapter firstly analyzes the current situation of the registration and certification of the right to the contracted management of agricultural land and the obstacles to the implementation of the registration system,and analyzes the relevant legislative provisions on the registration of the contracted management of agricultural land,and then concludes that the registration and certification of the right to the contracted management of agricultural land still faces many theoretical and practical difficulties.Secondly,through the interpretation and analysis of the newly revised "Rural Land Contract Law" on the legislative provisions on the registration of the right to operate agricultural land,it is concluded that the state clearly stipulates that the right to operate agricultural land can be registered by the right subject on the basis of satisfying a certain period of rights,that is,the principle of registration opportunism with additional conditions is adopted,and the future legislative trend of the right to operate agricultural land is analyzed and predicted.The fourth chapter first analyzes the obstacles faced by the implementation of farmland management right registration,compares the relationship between farmland contractual management right registration and farmland management right registration,and analyzes the existing work achievements that can be used in farmland management right registration at this stage,namely,the certification and registration of farmland contractual management right confirmation.Secondly,on the basis of analyzing the registration systemof real estate property rights,and combining the connotation and influence of sign registration,the pre-registration system should be applied and the content of the pre-registration procedure should be improved.Finally,the first registration system,the transfer registration system and the cancellation registration system should be applied to the registration of agricultural land management right,and the specific applicable contents should be refined.Finally,it is concluded that there is no conflict between the registration of agricultural land management right and the registration of agricultural land contractual management right.The agricultural land management registration system should be implemented as soon as possible,and the relevant systems should be refined in combination with the actual situation,so as to realize the value of the " Tripartite system " of agricultural land,and effectively protect the rights of the original contractors and the new business entities and other related subjects.
Keywords/Search Tags:" Tripartite system ", Rural Land Management Right, Registration of Rural Land Management Right, Measurement of Benefits
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