Research On Legal Issues Of Land Management Right Sharing Under The"separation Of Three Rights"

"Separation of powers" has been formally recognized in the newly revised "Rural Land Contracting Law".Under the condition of retaining the right of contracted land management,land contractors can transfer the right of contracted land management according to law and voluntarily.There is a derivative relationship among the three land ownership rights.The transfer of land management right breaks the restriction of the transferee of land contractual management right,and can be transferred to various forms of agricultural economic organizations,which not only increases the enthusiasm of farmers to transfer land,but also achieves higher agricultural returns.Under the "separation of three powers",land management right equity is an effective means to deepen the reform of rural land system.It realizes the organic connection between small farmers and modern agriculture,and the way of land management right equity is diversified everywhere.This paper mainly elaborates the model of land management right equity company of professional cooperatives as the main line.As an innovative practice advocated by the government,most of the land management rights take the "policy first" mode,the relevant laws are deficient or insufficient.How to treat objectively many problems in the process of land management right's shareholding and gradually realize the legalization of land management right's shareholding,has important theoretical significance.This paper is divided into three parts.Through the analysis of the legal problems existing in the land management right equity under the "separation of three powers",it tries to put forward relevant suggestions and ways to improve them.Chapter 1: The land management right under the "separation of three powers",analyses the development process from "one power structure","separation of two powers" to "separation of three powers",and deeply analyses the "separation of three powers" and the land management right.It holds that the land management right is a kind of real right creditor's right,and that the land management right is a kind of large-scale operation of farmland.Inevitable choice.Chapter 2: The legal issues of land management right's equity under the "separation of three powers".It analyses thepractical situation and dilemma of land management right's equity,and points out the existing problems of land management right's equity in the aspects of peasant shareholder's bottom-guaranteed dividend,participation in management,and protection of peasant shareholder after bankruptcy.Chapter III: Improvement of legal issues concerning land management rights' equity participation.In view of the existing problems,the solutions are put forward,mainly including: adopting the scheme of "renting first,then dividend-paying + preferred shares + performance guarantee insurance of shares";adopting the scheme of "institutional shareholders + collective shareholders + managers" on the issue of peasant shareholders' participation in company management.Co-governance scheme;the "preemption + equity insurance" scheme is adopted on the issue of corporate bankruptcy.