Research On The Legal System Of The Circulation Of Farmland Management Right Under The Three Power Division

China's farmland reform began in 1978 with the household contract responsibility system in xiaogang village,anhui province.After a series of adjustment of national policies and laws,China has ushered in a prosperous era of comprehensively deepening reform of land system and land academic research.Through the confirmation of the right of land contracting and management right in the property law,the right of agricultural land in China has gradually formed a dual structure of collective ownership and land contracting and management right coexisting.However,with the continuous development of China's economy and society,agriculture has been gradually modernized.The dual structure of farmland rights restricts the circulation of farmland and hinders the intensive large-scale operation of agriculture.Agricultural modernization puts forward new requirements for farmland rights,and farmers are eager to have more land rights.In terms of policy,the state has duly introduced the "separation of the three rights(collective ownership,land contract right and land management right)",with the focus on the release of land management right and the promotion of the transfer of agricultural land.However,as for the legal issues related to the transfer of land management rights,the state has yet to give a legal explanation: only article 130 of the draft of the real right of the civil code stipulates that the transfer of land management rights can be applied for registration,and no third party in good faith can be opposed without registration.Based on this,this paper takes the transfer of land management rights as the research object,and firstly defines and explains the nature of land management rights.Secondly,the paper focuses on the form and existing problems of the transfer of land management rights.In addition,this paper proposes solutions to the existing legal problems in the transfer of land management rights.Specifically,this paper is divided into four parts:The first part mainly discusses the legal connotation of "separation of three powers".This paper briefly states the policy background of "separation of three powers",and then analyzes the legal connotation of "separation of three powers" mode.The third section of this part briefly discusses the legal problems existing in the mode of "separation of three powers".The second part mainly discusses the legal nature and basic content of land management right.This part focuses on the analysis of the theoretical disputes of land management right on the basis of studying the significance of land management right.In academic circles,there are different legal definitions of the nature of land management rights,and different scholars have different legal positioning of land management rights.Secondly,on the basis of the dispute of the theory of land management right,this paper makes a comprehensive analysis of the right nature of land management right,and discusses the basic content of land management right as usufructuary right.The third part discusses the transfer of land management right under the "separation of three powers".Firstly,it explains the legal connotation of the transfer of land management right.Secondly,the paper analyzes the transfer forms of land management rights,which have different meanings in the primary market and the secondary market.Finally,it analyzes the legal problems existing in the transfer of land management right under the "separation of three powers".The fourth part discusses the "separation of division" land management rights transfer system consummation,first put forward the expression of land legislation,mainly including land management rights in the civil code of the real right of name,the establishment of land management rights and real right change mode,and its power loss situation,hoping to land management rights in rem;Secondly,it is proposed to establish market-oriented transfer of management rights and further improve the transfer registration system.According to the legislative instructions of the rural land contract law implemented in 19 years,a model contract for transfer is provided.Thirdly,the dispute resolution mechanism of land management right transfer is proposed.Finally,the corresponding supporting facilities should beimproved,including supervision and management,agricultural subsidies,risk prevention and so on.