On The Improvement Of The Rural Land Contract Management System Under The Guidance Of The "three Rights Separation"

Since The Eighteenth National Congress of the CPC,the reform decision maker has provided clear direction,guidance and goal setting for the improvement of rural land property rights system.Implementation of the top-level design,the need to strengthen the theoretical innovation on the basis of practical experience,in-depth study of the major issues of collective farmers and the farmers in the land contracting right boundary,and the main business of the farmers in land transfer rights and mutual relations,for the policy guidelines into legal system reform to build connection platform for the implementation of the "the implementation of land ownership,the right to contract farmers stability,three right to liberalize land management rights" as the main content of the "split" reform policy support.The interpretation of law so far for the "three power division" of the different angles and depth,has not yet completed the logical demonstration system,provides the legal system reform scheme showed shallow countermeasures,fragmentation,static and short-term deficiencies.To improve the rural land contract management system,should be based on the "three power division" to modify,adjust and adapt to the corresponding system as the goal,need a reasonable balance between change and persistence,the research and construction of structural system,the rural land contract management system improvement as the focus of the content level and implementation path,and to provide a systematic and accurate scheme.The improvement of the right to contracted management of rural land should focus on the original intention and initial idea of the reform policy proposition and the existing system,pay attention to institutional change and adhere to the internal consistency of meeting the needs of social practice.First of all,we should straighten out the relationship between the contractual right and the contractual management right,and carry out the theoretical proof and construction of the theory of the inclusion,derivation,nature and connotation of the contract and the scientific system of the two aspects.Second,the contractual management rights will be established as the integrity of the property rights system,while strengthening the creditor's rights transfer mode of contract law protection,and improve the follow-up supporting legal system.Third,it's time to remove restrictions on the transfer of contractual management system obstacles,conform to the general trend of social development,and achieve the goal of agricultural modernization and new urbanization and industrialization.Fourth,adjust the "rural land contract law" and "property law" structure system,improve the overall layout of farmland property rights and sub design.Fifth,Pay attention to the system setting of legal risk prevention in the rural land circulation market,and equally protect the legitimate rights and interests of the transferor and transferee of the contractual management rights.