Research On The Rural Land Management Rights In China

With the proposal of "Three-Power Separation" in rural land,the problems related to rural land management rights have gradually attracted attention.On December 29 th,2018,the Seventh Session of the Standing Committee of the 13 th National People's Congress passed the decision on amending the Law of the People's Republic of China on Rural Land Management.The new Rural Land Management Law has come into force on January 1st,2019.The land management rights are set up separately as a section.Starting from the concept and characteristics of China's rural land management rights and through analyzing its nature,it is clear that the land management rights have both property rights and credit rights.Comparing the land transfer and financing guarantee system between Continental Law System and Anglo-American Law System in order to foresee possible applications and influences for Chinese legal system.Furthermore,the paper analyzes problems related to the acquisition and transfer of rural land management rights in China.The paper also concerns the financing guarantee and elimination system of the land management rights.The paper clarifies the conditions for the qualification of land management rights holders,improves the registration system and guarantees the secondary circulation of land management rights.The financing guarantee for land management rights should clarify the review rights of financial institutions.It should also be determined to include both mortgage and pledge.The paper establishes the realization of the security rights of land management rights.Then the paper perfects the elimination system of land management right and discusses the elimination of land management rights caused by land management rights holders,land contractors,third parties or other non-human factors." Three-Power Separation" of rural land in China is still in the reform stage.The new Rural Land Management Law clearly states the land management rights.There are many problems to be further studied.In the future,the core of "Three-Power Separation" reform is still to improve the system of land management rights.