Research On Legal Issues Of China's Family Farm Land Property Rights System

This thesis discusses the important institutional foundation of the development of family farms in China,that is,the land property right system of separating rural land ownership rights,contract rights,and management rights as the starting point.Combines the current development of China's primary industry in the historical evolution of China's land property rights system.Attempt to improve the land property rights system framework of "three rights separation" and improve the supporting legal system related to family farms under the new framework.The first part of the thesis introduces the concepts related to family farms that originated in the United States,and further clarifies the organizational form of China's family farms and the legal connotation of " three rights separation ".The second part is based on the legal theory,analyzes the related theoretical basis of the reform of the land property right system of "three rights separation".This thesis focuses on the principles of the relationship between ownership and usufructuary property rights and related applications in family farms,and interprets the "three rights separation" from the perspective of power division.In addition,according to the civil subject theory,this thesis adopts the theory that the family farm applies the traditional civil subject theory.At the same time,from the perspective of protecting human rights,it emphasized that the construction and protection of family farms is closely related to the farmers' right to subsistence and development.The third part of the thesis proposes the path of the " three rights separation " reform of family farms.Three specific measures of family farm construction have been identified: the operator is a family member,agricultural production and operation is the main source of income,and the operation should have a moderate scale.It also proposes to establish a unified,standardized,and secure transaction market based on the theoretical basis of realization of land management rights based on real needs,and to improve the relevant property rights registration system.Concerning the controversy over the design of the "three rights separation" system,the author believes that the family farm,an economic organization,has multiple forms.The existing civil law theory can completely contain the legal connotation related to this form of organization,and the related registration of family farms can be realized in the current civil law system.The fourth part of the thesis clarifies the policy objectives of the "three rights separation" agricultural land reform,discusses that the "three rights separation" can have an important positive effect on the existing related agricultural management dilemma and the problem of agricultural land transfer,and attempts to propose improvements related legal systems related to the "three rights separation".In addition,relying solely on the "three rights separation" policy and related legislation cannot achieve the function of protecting land.Therefore,in addition to the new rights structure,it is proposed to improve the original contracting management system,as well as the financing-related mortgage system and the operators' interest-related succession system.