On The Land Management Under The "Three Power Separation" Mode Of Agricultural Land

Farmland circulation is the solution of abandoned farmland and farmland contract finely and farmland scale operation of the contradiction between the effective way.Collective land ownership and right to the contracted management of land under the mode of "two rights separation" of right to the contracted management of land property rights circulation problems with peasants lost the basic life safeguard,and were forbidden by the state.Farmland to leasing the claim type circulation and face leased land by farmers insurance package management of land in the plight of the real recovery and not popular with industrial capital.Long-term and stable land management and land the desire for the farmers of the weak economic security,eager to farmland property right innovation.How to set out to safeguard the rights and interests of farmers,and can satisfy the capital to the pursuit of stability of farmland management of farmland property right system,the current law to promote the development of rural economy.Farmland property right "separation division" is cracking of farmland changing bottleneck restriction of the new system,by putting the right to the contracted management of land and sorting out of the land contract right and land management,land contract right is set to a special real rights for security guarantee the farmers' basic right to live,to the land management set to market circulation of usufructuary right,farmers' land rights can be in rent,mortgage and investment,trust circulation of agricultural land,land management rights can be its right to mortgage financing,in order to give full play to the utility of the farmland,in order to impel the moderate scale management of farmland.At present,the "separation of division" mode of land rights is a kind of policy,law to deal with the policy for curing.There are two ways of detente and radicalism from the perspective of legislative theory,One is to authorize the state council to formulate relevant administrative regulations in accordance with the practice of the separation of powers.The other is to amend the relevant provisions of the“Rural Land Contract Law,” “Property Law ”,and “Guarantee Law”This article around the background of "three rights separation",land division,land management and basic content,the nature of the practice of land use and exercise of legislation mode of management,land and so on five aspects.