The Logical Path And Policy Choice Of The "three-rights Separation" Of Rural Land

In July 2013,during the inspection in Wuhan,Secretary-general Xi Jinping proposed the idea of division rural land rights into ‘ownership rights,contract rights,and management rights'.This is the early bud about the central government's policy thinking on ‘separation of rights' in rural land.In October 2016,General Office of the CPC Central Committee and the General Office of the State Council on ‘Improving the Measures for Separating Rural Land Ownership from Contracted Management Right'.As a result,the situation of ‘separation of rights' in rural land was formally formed.The ‘separation of three rights relating to agricultural land' system is about to separating the ownership rights,contract rights,and management rights for contracted rural land(hereinafter referred to as ‘separation of rights'),which is an important institutional innovation on the rural reform since the household responsibility system.Thereupon,this article adopts the methods that combine the theory and the practice,further discussion on research,and questionnaire survey to research the system about ‘separation of three rights relating to agricultural land' from logical outcome of the evolution of history,theory,law,policy,and practice aspects,and analyzes the obstacles of the ‘separation of rights' in rural land to advance the countermeasures.It will explore the policy choices from government perspective,which will help people to strengthen the sense of ownership,broaden the horizons,and raise the awareness of ‘separation of rights' system.Combining the concepts of rural land,property rights,"three powers separation" and modern property rights theory,property rights theory,institutional change theory,scale management theory,public choice theory and other relevant theoretical foundations,we have divided the three powers of agricultural land.Theoretical logic,practical logic,policy logic,legal logic,and historical logic are studied.By analyzing the multiple logical paths of the "separation of rights" in rural land,it can be seen that there are still some obstacles in the process of promoting the implementation of the "separation of rights" in rural land.For example,the social rights of the various sectors of the agricultural land are divided.There are many theoretical differences.There are multiple obstacles in the practice and exploration in various places.The relevant policy design and supporting systems are insufficient.The legal system of "separation of rights" in rural land needs to be established and improved.In response to these obstacles,we propose the following policy options to effectivelypromote the "separation of rights" in rural land: strengthen theoretical research,form theoretical consensus,improve the awareness and identity of the "separation of rights" in rural land;improve the quality of farmers,cultivate new types of professional farmers;rationally control the price and duration of land management rights transfer,strengthen the construction of land management rights transfer network information platform;strengthen policy and legal propaganda,improve government functions;clarify compensation subjects,accelerate the improvement of agricultural subsidy system;establish rural land“non-agriculturalization”Risk prevention mechanism;improve the urbanization system of agricultural transfer population;the policy system rises to the legal provisions in a timely manner,revise the basic law of land;clarify the attributes of land management rights,provide legal basis for the mortgage of management rights;and formulate special regulations related to the transfer of land management rights.