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

The reform of China's agricultural land system has gone through a process from "unified management" to "separation of two rights" and then to "separation of three rights",and the concept of"land contract right" has come into being.At present,the newly revised "Rural Land Contract Law" has established the legal concept of "land contract right" in legislation,but the specific system design is still in an unclear state.Therefore,it is still necessary to define the legal orientation,nature,subject and content of "land contract right".The "separation of three rights" is an innovation and improvement based on the "separation of two rights".Therefore,the reservation of the right to the contracted management of land should be affirmed.It shows that the "land ownership,the right to the contracted management of land,and the right to the management of land" under the "separation of three rights" are distributed at different levels.The right to the contracted management of land is actually a proxy for the remaining rights after the separation of the right to the contracted management of land.By differentiating and analyzing the contract qualifications of the land contract right,which is different from one of the contents of the membership right,it is shown that the nature of the contract right is not limited by the membership right,and farmers can still obtain capital gains by retaining the contract right,thus defining the land contract right as a usufructuary right.Through analysis from legal,practical and theoretical levels,it is shown that the main body of land contract right should be individual members,while "farmers" as business units are retained.Clarifying clearly the right structure of land contract right,and showing its possession,income and partial disposal power;Advocating to register and confirm it and to limit the duration of the contract;Affirming its transferability,the way of transfer is exchange or transfer and denying its mortgage;It is suggested to carry out limited inheritance.Restriction of rights to regulate on the exercise of land contract rights,advocating a small adjustment of land contract relationship and adopting an automatic land reservation mechanism;Perfecting the mechanism of paid withdrawal;Clear distribution and collection of compensation,reasonable division of collective,farmers and other operators of the compensation content.