Land Management Right Under The Background Of The Separation Of Rights Legal Issues

"Three-right separation" is the direction of China's rural property rights system reform.The so-called "three rights division" of rural land which means that there are three relatively independent land rights on the same rural land.These three rights are the ownership right of the state or the collective,and the farmers' contracting rights and the franchise right of the agricultural business entities.The entities ownership rights and the contracting rights both have certain specialties and fixities,which are owned by the nation and the farmers respectively,embody the policy requirements of socialist land public ownership and the protection of peasants' land rights;and the entity of management rights can be farmers or a non-farmers' status such as a market-oriented business entity,that means the right can be transferred from farmers to non-farmers.Through this transfer of rights,the right to land management can be given to new-type agricultural management entities,aiming to introduce new types of agricultural management entities in the market.Using it's capital,management system,and technology to scale and modernization of China's agriculture.The “three-share separation” policy provides strong political support for new types of business entities to participate in agricultural production and management.In2016,35.1% of Chinese agricultural land achieved circulation management,totaling471 million mu,of which 299 million mu were transferred in land share way and accounted for 6.1%."The company is the greatest invention of the modern society." Compared with the forms of subcontracting,leasing,swapping,and transfer in the practice of traditional agricultural land circulation in China,land transfer companies have a longer period of transfer and a closer connection of interests.The circulation relationship is more stable,and capital,management,technology and other factorshave also flowed into agricultural production through the company's business model,which is benefit to promoting the scale and modernization of land.With the reform trend of agricultural marketization,the company will inevitably become the main organizational form of agricultural production in China.The farmer's original land management right is an important land property right,and it is an important medium for introducing new business entities to participate in agricultural operations.The important targets of the company have high research value under the circumstance that the current is not perfect.Based on the policy background of the separation of rights,this paper is divided into three chapters to study the legal issues of the land management rights shares limited company.The first chapter of this article introduces the background of the land management right,analyzes the concept and characteristics of the land management right,and discusses its legal attributes by combining the policy orientation of the three rights allocation.In addition,the state's three-share division policy aims to encourage the marketization of agricultural land and promote modernized agricultural management.The limited company model facilitates the introduction of social capital into agricultural production and promotes agricultural development.On this basis,this chapter elicited and analyzed the concept and features of the right to enter shares,and analyzed the advantages of agricultural land into shares from various angles of economy,policy,law,and organization form,and pointed out the right to enter the shares limited company.The feasibility and necessity of the organizational form.In the second chapter,this paper briefly introduces three representative models of China's current land management rights and compares them.It points out the practical obstacles to the implementation of land management rights in various areas of China.At the same time,in this chapter,the author will point out the existing legal provisions that is hysteresis and conservative in the shareholding of rural lands from the perspective of the three-share division policy and the basic concept of company law.Such as the limited scope of the shares of agricultural land,the restrictions on the form of shares and the main body of the shares;it shows that the current land contract law does not conform to the value orientation of the three-share distribution policy and also does not conform to the basic philosophy of the limited company law,it needs constantly improvement.The third chapter of this article mainly discusses the issues found in the existinglegal provisions and specific practices of the land management rights shares limited company,and proposes that the relevant current laws and regulations need to be modified or improved.At the same time,it draws on the related institutional design in the company law and share-holding practices.For example,in the future revision of the law,it is necessary to reduce the restrictions on the participation of agricultural companies in agricultural operations and expand the scope of agricultural operations to ensure the stability of the agricultural company.At the same time,it can learn from the preferred stock system in the company law,give farmers the buy-back right of land management right when facing up with company's bankruptcy,establish full sector measure like insurance relief system,so that farmers' shareholders can obtain more stable income,and try to keep balance of interest of the farmers' shareholders and non-farmers shareholders and creditors interest.