The Improvement Of The System Of "Separation Of Three Rights" In Rural Land

The land issue is an important issue for a country.Our country,as a big agricultural country with a long history,should attach great importance to the distribution and utilization of agricultural land.In accordance with the goal of “stabilizing farmers' contracting rights and releasing land management rights on the basis of implementing collective ownership of rural land”,the revised Rural Land Contract Law,which has been discussed and studied in depth by various sectors of the society for many years,was officially implemented on January 1,2019.For the first time,the legal right design of rural land is clearly changed from “separation of two rights” to “separation of three rights”.And the special section clearly stipulates the land management right.It marks that the basic system of agricultural land design in China has undergone new and important changes.The adjustment of rural land basic system means the re-integration of relevant supporting systems.However,it still facing some problems,such as how to correctly understand the legal rights design of the “separation of three rights” of rural land in China,what kind of value guidance is reflected in the new legal norms,how the relevant norms encounter difficulties in practice,and how to construct supporting systems to ensure the smooth realization of the purpose of the national “separation of three rights”.The discussion of these issues did not end with the introduction of the new Rural Land Contract Law.On the contrary,it has more practical significance.By analyzing the actual effect of system design,it is more urgent to formulate the relevant supporting mechanism of “separation of three rights”.This paper attempts to analyze and evaluate the system design of “separation of three rights” from the perspective of Coase Theorem and from the perspective of Law and Economics.From the perspective of clarifying rural land property rights,reducing transaction costs,and improving transaction efficiency,this paper analyzes the problems that may arise in the operation of the “separation of three rights” system of rural land.The analyze aims to improve the effectiveness of the law and promote the realization of system objectives.On this basis,the author puts forward the nature of the “three rights” should be clarified by law,so as to guarantee the expectation of transactions and business entities and improve the stability and efficiency of rural land use;It is necessary to construct the priority system of adjacent land in the transfer of rural land,so as to improve the level of contiguous management of rural land and facilitate the centralized scale management of rural land;It is necessary to improve the exit mechanism of land management rights investment,standardize the management of land management rights in accordance with the principle of market economy,and achieve a balance between transaction security and farmers' interests;It is necessary to start from the three stages of contracting,compliance and dispute resolution,improve the supporting mechanism of the “separation of three rights” of rural land,effectively reduce the transaction costs in the transfer and operation of rural land,promote the occurrence of transactions,and improve the efficiency of rural land allocation.