The Study On Remodeling Of The Rural Land Contract Management Right System In The Context Of "Three Rights Division"

China has followed the system of land contract managerial authority for thirty years that already cannot meet the requirement for the agricultural production of the current social development.Therefore,it is imperative to reform this system.Through continuous exploration research in the theory and practice,it has reached a consensus on "Three Rights Division" opinion finally that transferring land management right from land contract management right to business entity,Thus the land ownership right,land contract right and land management right come into being.On October 30,2016,the office of the CPC Central Committee and the State Council issued the "the opinion on improving the allocation method of rural land ownership right and contract and management right ",it just affirmed and gave guidance for "Three Rights Divison" assumption from a policy point of view.However,at present,there are divergence of views about status and character determinations of the three rights after carrying out "Three Rights Divison" opinion in academia.And There is no consensus on the content and boundary of three rights,besides,theory construction of "Three Rights Divison" needs to be further investigated.This paper attempts to start from the analysis of characteristics and nature of the land contractual management right,it considers that the rational path for carrying out "Three Rights Divison" opinion is to set up land contract managerial right derived from land ownership,and to set up land managerial right derived from land contract managerial right in the case of land transfer.This paper also discusses the relationship and boundary between land ownership right,land contract right and land management rights.It also analyzes the difficult about designing institution and practical operation of "Three Rights Divison" opinion.