The Construction Of The Right System And The Perfection Of The System Of "Three Rights Division" Of The Farmland

The reform of the "Three right division" of rural land is a reform of the land system with Chinese characteristics.Today,in the continuous development of urbanization and the escalation of the contradiction between rural and local areas,it provide new ideas and are a new path worth exploring and developing necessary to balance the protection of farmers' interests and promote land scale and agricultural modernization.Adhering to the collective ownership of land,stabilizing the land contract right of farmers,and releasing land management right are the basic expressions of the "Three right division." The reason for the emergence of "Three right division" is that the implementation of the "separation of ownership and management" model of agricultural land for decades has not been in line with the current development of the rural situation.And it has emerged an institutional dilemma.The idea of "Three right division" first appeared in the economics community's desire for the scale of agricultural production.Since then,due to the requirements of agricultural modernization development,the central government has repeatedly issued policies to support the "Three right division" view.At the same time,the legal scholars have also paid close attention to this reform model that affects the rights structure of agricultural land,and have collided with different sparks in academic discussions.Although the "Three right division" is supported by the majority,it is not perfect.In the process of reform,it still presents the fuzziness of connotation and extension of the "three rights";the subject of the "three rights" are difficult to balance;The coordination of the identity of the subject of land contracting rights,and the difficulties in realizing the asset management of land management rights.To this end,in order to solve these problems,it is necessary to legally construct the right structure of the "Three right division",and to determine the connotation and nature of the "three rights",and then divide its power.After analyzing the contents of the three structures of the "right bundle" split-type structure,the rights-derived structure and the composite-type rights structure,the rights-derived structure is selected as the rights structure arrangement that is more in line with the current "Three right division" requirement.The idea of this structure lies in the fact that the land management right is derived from the land contractual management right,and the land contracting right is the type of right that highlights the rights and interests of the farmers in the division of rights.It should be restricted by the land management right within the time limit of circulation.After the end,the land contracting right can reply to the complete status of the land contractual management right.At this time,the property rights of land contracting rights and land management rights should be based on the property right theory.Using the German subprime rights theory can explain that these two rights are the usufructuary rights at different levels of concept,and will not violate the principle of "One thing one right." As for the power of "three rights",the collective ownership of land are mainly reflected in the aspects of the right to issue,the right to adjust,the right to requisition,the right to supervise and the right to reclaim;the power of land contract right mainly lies in indirect possession,income rights,supervision rights,expropriation compensation rights,transfer disposal rights,recovery rights,exit rights,etc.;the power of land management rights is direct possession,independent production and management rights,income rights,restrictive disposal rights,and expropriation compensation rights.The reform of "Three right division" still needs the improvement of laws and systems.To this end,it is possible to strengthen the collective land ownership from the legal definition and power improvement of the "three rights" and avoid its vain;by guaranteeing the contractual rights of farmers and Strengthen the property rights of land management rights to balance the rights and interests of the them.Secondly,it is necessary to improve the supporting legal system of “Three rights division”,such as the rural membership qualification access system,the land management right mortgage system and shareholding system,and the farmland real estate registration system.Finally,from the aspect of service improvement in social practice,establish a unified property rights trading platform for the implementation of “Three right division”,formulate a professional land value assessment system,and supplement the agricultural land use supervision mechanism with a view to adopting these laws and supporting systems,to improvement of social services guarantees the smooth progress of the "Three right division."...