Research On Rural Land Contract Right Under The Background Of "Three Rights Separation" In Agricultural Land

With the development of industrialization and urbanization,the rural labor force continuously flows into the city,and the ownership of farmland property rights is unclear.Under the circumstances,the policy of “Three Rights Separation” comes into being.In addition,this policy is another institutional innovation of the farmland property rights system following the household contract system in our country.The farmland contracting right system is the key to implementing the “Three Rights Separation” system and the core of China's agricultural land property right system,which is the realization form of the peasant collective land ownership and the basis and premise of transferring the farmland management right.Based on the background of the change of the “Two Rights Separation” to “Three Rights Separation”,firstly,this paper expounds the theory of “Three Rights Separation”,the content and nature of land contracting rights and the basis for the separation of land contracting rights and land contracting management rights.Next,it analyzes the problems existing in the acquisition and loss system,the inheritance system and the voluntary paid exit system under the“Three Rights Separation” of agricultural land.For example,the lack of clear acquisition system of farmland contracting rights and the unclear legal provisions of the inheritance system and the single form of compensation in paid withdrawal system,which hinders the promotion of moderate scale operation of agriculture and the cultivation of new agricultural management entities as well as the development of modern agriculture.Then,it explores the land system of the civil law and the common law countries and discusses some inspirations for our country.Finally,according to the reasonable and realistic requirements,this paper puts forward some countermeasures and suggestions for deepening the reform of farmland contracting rights system,including perfecting the authorization and registration system,stabilizing land contracting rights,clarifying the inheritance subject and improving the compensation standards,which tries to build relatively perfect agricultural land contracting rights system.The farmland contracting rights system needs to be continuously innovated and improved to adapt to the development law of agricultural land property rights system,especially in the process of promoting the reform of rural land rights system and the development of agricultural modernization and urban and rural integration.The connotation,nature,power and application in practice of the agricultural land contracting rights under the “Three Rights Separation” need further study.