Study On Separation Of Rural Land Contractual Right And Management Right

Tripartite System of Rural land is a major reform initiative proposed by the party central committee in response to the current situation of the increasingly frequent circulation of rural land.The so-called "three rights" refers to collective ownership,farmers' contractual right and land management right.Before this reform,there are only two rights of collective ownership and land contractual management rights on rural contracted land.Therefore,the separation of farmers' contractual right(ie land contractual right)and land management right becomes the key point in order to implement reform policy,so this paper will take this as the theme for research.About the concept of the separation of rural land contractual right and management right,the academic community has not reached a consensus.By summarizing and analyzing the existing views of the academic community,the concept of the separation of rural land contractual right and management right should be defined as that the contractor creates new land management right for third parties on its contracted land.There are sufficient reasons for the separation of rural land contractual right and management right in terms of practical needs,policy design or rigor of the legal concept,and it also has great positive significance.The separation of rural land contractual right and management right is based on the theory of the relations between productivity and production and the theory of scale economy.This separation is an inevitable choice to follow the law that production relations should adapt to the level of productivity development,and it is beneficial to give full play to the economic function of the land.It also helps to promote the transfer of land management right,thereby forms a moderate scale of operation,and promotes the modernization of agriculture.There are some problems that still existing after the amendment of the Rural Land Contract Law,they mainly have the following aspects: the nature of land contractual right and land management right is still unclear;whether the contractor can become the owner of the newly established land management right;it is not clear whether the method of financing guarantee of land management right is mortgage or pledge;the protection of land contractor's right and land management owner's right is still insufficient.Based on the relevant policy documents and the relevant provisions of the new law,this paper puts forward corresponding suggestions.The nature of land contractual right should be defined as usufructuary right instead of membership right,and the nature of land management right should be defined as creditor's right instead of usufructuary right.Registration is not a sufficient condition to define the nature of land management right as usufructuary right,and it just means that we protect land management right in the way of protecting property rights.The owner of the land management right shall be the third party business entity.The rights of land contractors can be guaranteed through a sound agricultural insurance system,and the rights of land management owner can be guaranteed by regulating the operation of the rural land management right transfer market.