Research On Land Contracting Rights System From The Perspective Of Group Law

Implementing the separation of collective ownership,land contracting right and land management right,as an important part of deepening the reform of rural land system,understanding of land contracting right is not only the basis of clarifying the logic of the "three rights separation",but also an important link to promote its full implementation,however,the land contract right under the " three rights separation " has not formed a complete legal norm,so that there are many problems in the system construction.The article selects the group law as the research perspective,takes the existing individualism as the cornerstone to study the problems of the land contract right as the guidance,takes "why should take the group law as the research perspective,what is the form of the land contract right under the group law perspective,and how to construct the land contract right under the group law perspective " as the writing idea,takes the policy documents on the separation of powers in recent years and the newly amended Rural Land Contract Law as the theoretical basis to discuss.To research the necessity of land contracting right from the perspective of group law,the existing research on land contracting right is based on individual law and follows the protection of rights and interests of oblige,which leads to the reform of " three rights separation " still sticking to the problems of land circulation,fragmentation of contracted land,the rights of collective economic organizations are not protected and so on.The land contracting right under the " three rights separation " should be a group member right,focusing on stabilizing the rural land contracting relationship,which is significantly different from the existing provisions of individualism,so it is necessary to construct the land contracting right from the perspective of the group law.From the perspective of group law,the nature of land contract right is defined as membership right,which not only has its rationality but also necessity,at the same time compliance with the reform target of " three rights separation ".The integrity of its content is related to the establishment of operating right and the source of empowerment,it should include five aspects: the right of distribution of collective economic interests,possession and maintenance of contractual rights,etc.The relationship between land contracting right and other rights can be expressed as that land contracting right originates from collective ownership,is the mother right of land management right,and land management right derives from land contracting right,and is the result of exercising the right of the land contractual management right holder.Construction of land contract right system from the perspective of group law,through the analysis of laws of Property Law,Land Management Law and Rural Land Contract Law,we can see that the current construction of land contract right not only does not fully reflect the policy intention of " three rights separation " in the system,but also has some problems in the content,such as the subject of land contract right is still unknown,the membership system is still missing,and the identification of qualifications is not the same.Therefore,the construction of land contract right system under the perspective of group law should not only optimize the path of integration into law,avoid the mechanical quotation of the provisions of land contract right in existing policies,but also make up for the lack of membership right theory under the " three rights separation " by giving clear legal setting of membership right in the "ownership" section of the Property Law,on this basis to make the subject and qualifications of land contract right clear,then a complete system of land contract right is constructed by changing the existing mode of land contract and diversified forms of land contract right realization.