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A Research On The Legal Issues Of Transfer Of Land Contracting And Management Rights From The Perspective Of Three Separate Rights

Posted on:2020-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WangFull Text:PDF
GTID:2416330623964678Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In order to promote the large-scale transfer of agricultural land,the reform policy of farmland three-right non-tradable is to re-divide the structure of land ownership rights and land contracting and management rights into a structure of land ownership,land contracting rights and land management rights.In a broad sense,farmland contracting and management rights exist as a usufructuary right stipulated by law.The transfer of land contracting and management rights can not only realize the social security function and property function of rural land,but also optimize the allocation of rural land resources.Defining land management rights as creditor's rights and allowing them to be transferred by means of mortgage is in line with the advancement of urban-rural integration and is conducive to easing the problem of land financing.However,in the transfer of land contracting and management rights,due to the flexibility of policies and the lag of laws and other reasons,the transfer of land contracting and management rights is deficient in the system level.The information of land circulation is not smooth,and the land after circulation can only be used for production and management.In addition,the restrictive factors such as circulation subject and circulation mode hinder the circulation of land contracting and management rights.The separation of three rights of farmland is an important land reform in China.This paper focuses on the legal guarantee of the realization of land management rights,aiming at solving the problems encountered in the realization of land management rights in practice,ensuring the healthy and orderly transfer of management rights from the legal level,and laying a theoretical foundation for the development of agricultural land centralization,scale and modernization.In view of the importance of farmland to farmers,this paper,on the premise of clarifying the legal definition and concept of the division of three rights,explores the legal attributes of farmland contracting and management rights,the relationship between the three rights and other legal issues.At present,there are many practical difficulties in the circulation of agricultural land,such as the farmers still retain the inherent concept,the right to resort to legal relief channel is not available and the function of the circulation platform is given full play.We should learn from the legal experience of rural land transfer abroad to promote the reform of rural land transfer under the policy of three separate rights.Therefore,the author further makes an in-depth study on the legal construction and existing problems of the transfer of contracted land management rights under the division of three rights,hoping that the legislation and practice of agricultural land reform in China will be of some benefit.This paper discusses the transfer of land contracting and management rights from three aspects:This paper discusses the transfer of contracted land management rights from three aspects:First,analyze the legal relationship of the division of three rights at the macro level,then analyze the relevant legal relationship of the transfer of land contracting and management rights,and then deeply study the right attributes and content of land contracting rights and land management rights.Compare the relationship between the three rights under the division of three rights,and then analyze the subject,object and content of the land contract and management rights.It is concluded that the theoretical structure of the land contracting right under the division of rights belongs to the property right and the management right of land belongs to the creditor's right conforms to the principle of one property one right.Second,the historical analysis and semantic analysis methods are used to clarify the property rights of land contracting and management rights,and the mode of transfer of land contracting and management rights in each pilot project is compared and analyzed,so as to find out the existing problems in land transfer in China and conduct in-depth discussion to guide the paper writing.Third,with reference to the various laws and regulations and policy,combining with case of farmland circulation and the related data,analysis summary since 2019 the rural land contracting law of right to the contracted management of land circulation four problems: the problem between policy and law,management main body problem,the problem of management rights of access and circulation platform failed to give full play to its function.Then it puts forward four Suggestions to improve the contract term,the adjustment of contracted land,the guarantee of farmers and the mortgage of land management rights.
Keywords/Search Tags:land contracting and management right, The circulation, Legal system, Separation of division
PDF Full Text Request
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