Research On The Interitance Of Rural Land Contracting And Management Right Under The Mode Of Separation Of Division

"Separation of three powers" is an innovation of China's rural household land contract system.It means that on the basis of the "two rights separation" of the collective land ownership and the land contracting and management rights,the land management rights are separated from the land contracting and management rights,and then the "three rights separation" mode of collective land ownership,land contracting rights and land management rights is formed.And it purpose is to promote the land circulation.The rural land contract and management system of "separation of three powers" was officially confirmed by the national policy in 2014 and the national law in 2018.However,neither the national policy nor the law has given a positive answer on whether the land contract and management right can be inherited.Then,whether and how to inherit the rural land contracting and management right under the mode of "separation of three powers" is the focus of this paper.The structure and content of this paper are as follows:The first part first clarifies the basic connotation of "separation of three rights",and then compares the inheritance of land contracting and management rights under the "separation of two rights" mode and the "separation of three rights" mode,and concludes that the inheritance way of rural land contracting and management rights under the reform of "separation of three rights" is more diversified and the breakthrough of identity limitation in inheritance.The second part and the third part discusses the inheritance of the land contract right and land management,through the analysis of the status of the land contract right and land management properties and the characteristics of theright,on both the different role position in the contracted management of land inheritance,namely the land contract right is responsible for social security,and land management is responsible for the economic benefits,thus concludes that "separation division" model is more advantageous to the realization of the right to the contracted management of land inheritance.The fourth part aims at solving the problems in the inheritance of rural land contracting and management right,starting from the aspects of law and system,and discusses how to improve the inheritance of rural land contracting and management right on the basis of land free circulation under the mode of "separation of three powers".