Research On The Inheritance Of Rural Land Contracted Management Right Under The Background Of Separation Of Two Rights From Three Rights

With the continuous development of urbanization,the requirements of various new types of business entities for expanding the land transfer area are expanding,and new requirements for improving the new rural production relations are also put forward.The issue of agriculture,countryside and farmers has always been the key and difficult point in China's reform.According to the actual social problems,the State amends the Rural Land Contracting Law of the People's Republic of China,and the primary consideration of the amendment of the Rural Land Contracting Law is to transform the effective land contracting policy and successful experience in practice into laws and regulations,so as to provide theoretical guidance for winning the battle of the strategy of rural revitalization.Solve the problems in the process of land contract from the standpoint of farmers.Most peasants depend on land for their livelihood.The system of land contractual management right in rural areas of our country is as big as the food security of our country,as small as the income level of peasants,and more directly affects the current central strategy of rural revitalization.The report of the Nineteenth National Congress of the Communist Party of China made a political commitment to keep the land contracting relationship stable and unchanged for a long time,which is of great value to satisfy farmers' expectations of land rights and to realize the value pursuit of "perseverance of the permanent producers".At the end of 2018,the Land Contracting Law was revised to clarify the separation of the past ownership and contractual management rights of rural land,and to transform them into the separation of ownership,contractual rights and management rights.The reform of "separation of powers" has effectively promoted the realization of the property right attribute of land contractual management right.However,there is no fundamental breakthrough in the inheritance system of land contractual management right,either at the policy level or at the legislative level.Especially,the draft amendment to the Rural Land Contract Law still maintains the original provisions on this issue.However,the inheritance of land contractual management rights is an important issue related to whether farmers' property rights can be fully endowed and effectively guaranteed.Through the study of the theoretical concepts of land contractual management right,this paper makes a comparative study of the provisions of inheritance in the transfer of land contractual management right in foreign countries,analyses the relevant cases of land contractual management right inheritance disputes in the past social practice,analyses the crux of land contractual management right inheritance in legislation and judicature,and combines with the reform direction determined by the central government in legislation and theory.The system of inheritance of land contractual management right is constructed on the basis of hermeneutics.