Research On Farmland Management Right

Farmland management right originates from economic theory and determines in the form of policy.It has achieved good results in practice and has accepted by the public.Jurisprudence should respond to the change of farmland rights and determine the relevant content of farmland management right.Since there are accurate requirements for the functions,the effects and the values,it is necessary to define the right nature of the farmland management right first.And then we discuss that how to realize the farmland management right.Finally,we sort out the content of farmland management right.According to the positive arguments of farmland management rights of different natures,we can sort out the influencing factors of right nature,including the numerous clausus principle,the principle of one thing one right,and the policy of "separation of three rights".However,when we define the right nature of the farmland management right first,the numerous clausus principle and the principle of one thing one right have no effect in fact.The numerous clausus principle doesn't mean that the kind of real right cannot be changed.And the principle of one thing one right only affects the determination of the object.Therefore,if we just try to determine the nature of the farmland management right,we only need to consider the policy of "separation of three powers".The economic purpose of the policy is in order to promote the orderly transfer of management rights and to improve the utilization efficiency of agricultural land.Accordingly,farmland management right should be characterized as real right.However,the right system mode determined by the policy of "separation of three powers" requires to refine the bundle of rights and to form the mode of ownership,contract right and management right.Therefore,the farmland management right should be classified as an usufruct.The nature of farmland management right that depends on the policy of "separation of three powers" is only a hypothesis.In order to verify this hypothesis,we also need to discuss the realization way.In other words,it is to determine the existence of the subject and object in line with the nature of farmland management.However,the nature of farmland management right doesn't be influenced by the subject,but only has a clear requirement for the object.The object options of farmland management right include agricultural land,farmland contract management right and farmland contract right.The appearance of the dispute is whether the object can conform to the principle of one thing one right,while the essence is the difference in understanding of the role of land contracting management right in the system of "separation of three rights".By comparing the subjects and contents of land contracting management right,farmland contracting right and farmland management right,it can be determined that there is no need to keep the land contracting management right in the "three-power separation" system.Therefore,the system should be composed of collective ownership,farmland contract right and farmland management right.Moreover,since the farmland contract right can be defined as the member right,the object of the farmland management right can be conformed to the principle of one thing one right.At this time,the farmland management right is an usufruct.Besides,the object of the farmland management right is the agricultural land,and its subject has no identity restriction.After determining the nature,subject and object of the farmland management right,we need to discuss its content.As an usufruct,the content of the farmland management right should include the possession,use and profit.Compared with other usufructs,there is no particularity in possession,use and profit.But it is still necessary to make a specific analysis on some issues,including indirect possessor,the settler of easement and the type of income.In addition,although the right holder of the farmland management right cannot dispose the agricultural land,right holder can dispose the right itself.Therefore,the content of the farmland management right should also include disposition.The disposition of the farmland management right should be a kind of legal disposition,including circulation and restriction.The specific forms can be divided into paid sanctions,free sanctions and financing sanctions.Besides,as the close relationship between the farmland management right and the farmland contracting management right,the content of the farmland contracting management right can be used to determine the content of the farmland management right.The reform of "separation of three powers" is an effective way to solve the problems related to agricultural land.And the farmland management right is an emphasis of the reform of "separation of three powers".Therefore,it will be helpful to improve the system of "separation of three powers" that determining the right nature,analyzing the realization way and discussing the right content.