Research On The Property Right Of Land Management Right Under The Separation Of Three Rights

Based on the disadvantages by the separation of collective land ownership and the land contractual management right,the separation of agricultural land management makes it difficult to realize the function of cultivated land financing.On January 1,2019,the new Rural Land Contract Law was implemented.The land management right is defined as a legal right,which is established by the land contractual management right holder.In the legal sense,the division of farmland rights had been established.The connotation of the separation of the three powers lie in the implementation of collective land ownership,the stabilization of land contractual management right,and the release of land management right.The key to realizing the new agricultural management system and the large-scale operation of land is how to release the land management right.This paper starts from the background of the separation of powers to interpret its connotation and clarify the internal relationship between the three powers.Then,analyzing the inadequacies of the "debt theory" of the land management right.From the perspective of the characteristics of right,it judges the nature of the land management right,and proposes that the land management right has the characteristics of usufructuary right.Secondly,in combination with the needs of the society and the status quo of legislation,the land management right is subject to the "Contract Law" and the "Rural Land Contract Law",which are attributed to the scope of creditor's rights.Therefore,through breaking the traditional theory that the usufructuary object is limited toof physical objects and analyzing the particularity of the history of China's land system and the "Similar ownership" of land contractual management right.Drawing on the subprime rights of Germany,the leasehold property rights system in the UK,and the agricultural rights in Taiwan.It demonstrates the legitimacy of the real right of land management rights,and analyzes that it does not violate the principle of one object and one right and the statutory principle of property rights.It also does not conflict with the current land contractual management right,and has the necessity of realizing the property right of land management rights and feasibility.From the process of thegeneration of rights to the elimination of the whole process of land management,the legal construction of land management rights,the realization of the mortgage function of land management rights,the adoption of registration effectiveness,so that the land management rights have the effectiveness against third parties.Finally,from the perspective of the entire legal system,the realization of the realm of land management rights is considered in many ways to improve the protection of farmers' rights and interests.