Study On Land Management Right Under The "Three-right Separation"

China is a big agricultural country,but the issue of "agriculture,rural areas and farmers" has been deeply plagued by China's agricultural construction.The core of solving the "three rural" problem lies in solving the peasant problem,and the basis for solving the peasant problem lies in the improvement and improvement of the rural land system.The existing "separation of the two powers" model in China has not been able to adapt to the requirements of modern production with the development of the times,and the rural problems have become increasingly prominent.In response to the problem of agricultural land,the central government proposed a reform policy for the“three powers separation” of agricultural land.This is a major institutional innovation in the reform of agricultural land after the household contract responsibility system,and the writing of this paper is in this context.To achieve the transformation of the agricultural land rights structure.The article is divided into three parts,and the writing and research are carried out in a logical sequence of progressive progress.The first part of the article includes the first chapter introduction and the second chapter policy interpretation.Based on the reform policy of “three powers separation”,this paper analyzes and interprets policy orientation and summarizes the existing problems in practice.It can be found that the core of this reform lies in how to rationally set the right to land management.The emergence of land management rights has practical necessity and is of great significance for alleviating the contradiction of agricultural land in China.To implement the central government's top-level design of land management rights,it is necessary to clarify the nature of its rights,rights subjects,content,etc.The initial institutional framework for management rights.The second part is the definition of the nature of land management rights.To establish a land management right system,the prerequisite is to define the nature of its rights in law,and use this as a starting point to carry out the follow-up system construction.The theory of the nature of land management rights in China is mainly divided into the theory of creditor's rights and the theory of property rights.This article discusses the viewpoint of purchasing rights,because this shaping direction can not only achieve the purpose of "three powers division" reform,but also strengthen the right to land management.The protection of the matter is in the long-term consideration,which can guarantee the order and security of the transfer of land management rights.The third part mainly constructs the institutional framework,including the fourth chapter of the subject and content of the rights and the fifth chapter of the power to exercise the way and the protection of rights.These two chapters together constitute the prototype of the rights system.Through the interpretation of the amendments to the Rural Land Contract Law and the summary of practical experience,the article attempts to stipulate the rights and content of the land management rights.The land management right is designed to promote land transfer,so it should not be confined to the rural economic collective.The scope of the land should also include non-agricultural households with agricultural production qualifications.The article analyzes the content of rights based on existing legal norms and legal principles,combining the nature and design purposes of land management rights,thereby regulating the rights and obligations of both parties.The design of all rights should be able to be exercised in practice.The article creates a healthy channel for the exercise of this right by promoting the land management rights mortgage system and the improvement of the rural property rights trading platform.By promoting the unified registration of real estate and improving the grassroots dispute resolution mechanism,we can achieve good protection of land management rights.This paper attempts to initially construct a land management rights system in order to help the next reforms and legislation.