The Research On The Legal Problems Of The Separation Of Rural Land Contracting And Management Rights

Since the Central Document No.1 officially proposed the "separation of three rights" of rural land in 2014,the separation of ownership,contracting rights,and management rights of rural land has been determined in terms of policy,but it has not yet been legally implemented.There is no change in the nature of ownership.Therefore,this article only discusses the separation of contracting rights and management rights of cultivated land.Separating the right of land contractual management means,the social security and property rights that are inherently conflicted in the land contractual management rights are separated.After separation,these two powers are borne by land contracting rights and land management rights.It can not only realize the long-term change of the land contracting relationship,but also realize the financing function of the land through the transfer and mortgage of the land management right with complete property rights,thus achieving the coexistence of fairness and efficiency.Separation of land contracting rights and management rights is based on the land contracted management rights system.The land contracting rights in the "separation of three rights " is different from the contracting qualifications in the Rural Land Contract Law and belongs to the right to use.The right to land management in the "separation of three rights,is the secondary use of property rights derived from land contracted management rights.The structure of the separation of land contracting rights and management rights is in conflict with the provisions of the current real right law.This conflict can be resolved by expanding the object of the usufructuary right.In the current law,there is no provision for the main body of land management rights,and the provisions of the main body of contracting rights are not clear enough.Although there is no provision in the law,the practice of separation of contracting rights and operating rights has been carried out in various places.Take Xuancheng in Anhui Province as an example.Xuancheng City,on the basis of completing the city's right to land contractual management rights,is also responsible for land management.The transfer of power and the cultivation of new types of agricultural management subjects have begun to practice.Because of the lack of legal basis,the deployment of the work encountered obstacles.In order to implement the separation of land contracting rights and management rights into legal provisions,it is necessary to integrate the separated land contracting rights and operating rights into the existing legal system on the basis of the current system of land contracted management rights,including new types of management.Subjects will be stipulated,public notices and deadlines for the separation of land contracting rights and operating rights will be improved,mortgages for land management rights will be perfected,and amendments to the real right law will be made.