An Analysis Of The Legal Issues In The Reform Of The "three Rights Separation" Of Agricultural Land

In 2014,Xi formally proposed the concept of “Three Rights Separation” in rural areas at the fifth meeting of the Central Committee for Comprehensive Deepening Reform.The meeting also reviewed the "Opinions on Guiding the Orderly Transfer of Rural Land Management Rights to Develop Moderate Scale Operation of Agriculture" and the "Pilot Program for Actively Developing Farmers' Share Cooperatives to Grant Collective Assets Shares Reform".This laid the foundation for the improvement of the collective land ownership system in China and the reform of the agricultural land management system.The report of the 19 th National Congress of the Communist Party of China clearly stated that it is necessary to implement the "Three Rights Separation" of ownership,contracting rights and management rights,and regard it as a new development concept for implementing the reform of the agricultural land system.It is one of the key points of Chinese characteristics in the socialist modernization system.The existing contradictions between people and land in China have become more and more prominent,which calls for re-institutional changes in the agricultural land system,becoming more and more intense.The main social contradictions have long-term guiding significance for the development of China's theory and the innovation of the system.As a political task that China needs to attach great importance to and implement in place for a long time in the present and future,the rural revitalization work requires the Chinese Communist Party to keep up with the pace of the times and promote the reform of the rural land system with the separation of the three rights.In the process of institutional reform,the lack of legislative rules and the lack of institutional linkages will lead to a series of legal risk issues.Faced with these legal dilemmas,a more perfect rule of law guarantee is needed to protect the reform of the agricultural land system.Based on this,this paper focuses on the legal risk problems existing in the process of reforming the rural land system of “Three Rights Separation”.It explores how to improve the legal system within the framework of the rule of law,and guarantees the realization of land rights by land contractors and land management owners.To better promote the implementation of the reform of the "Three Rights Separation" in agricultural land system.Besides the introduction,the paper is divided into four main parts:The first part is mainly the analysis of the origin and status quo of the reform of the "Three Rights Separation" in agricultural land system.Firstly,it reviews the process of the reform of China's agricultural land system,and discusses the current situation of the transformation of major contradictions in human and land and the demands of institutional reform.Secondly,it summarizes and analyzes the related concepts of “Three Rights” and the disputes over rights between them.I believe that land contractual management rights are not the right formed by the combination of land contracting rights and land management rights.Land contracting rights are the premise of the existence of land contractual management rights.The land management right exists as an inheritance and continuation of the management right in the original land contractual management right.The second part is to list and analyze the legal risks in the practice of “Three Rights Separation”.It is precisely because of the lack of convergence of the legal system in the process of reform that the lack of supervision and guidance in the process of exercising rights leads to the restriction or violation of the rights and scope of the rights of other rights subjects when the rights subjects exercise their respective rights.The third part is related to the improvement of the "Three Rights Separation",land rule of law protection.This part proposes several major legal system improvements and other specific suggestions for the related legal risks involved in the second part.This part includes taking legal thinking as the leading factor,and implementing the concept of rights protection in the whole process of system design;clearly defining the boundary of “Public Interest”,formulating scientific and reasonable compensation standards for land acquisition and expropriation,and striving for more land contractors the rights and interests;establishing a land management right registration supervision system,regularly monitor the contract price,the transfer period,the way of using the land,to ensure the information symmetry between the land contractor and the land management right holder;improving the land usufruct right,which attracts capital to support the development of land management rights,building a sunny and transparent land management rights financing market,and resolutely resists the emergence of speculation;strictly enforcing the procedural rights granted to farmers by the separation of powers.It is necessary to supervise the implementation effect and ensure every farmer enjoy the fruits of the reform.The fourth part is mainly a summary of the article.The content of the full text is summarized in general,and the background,literature evaluation,legal risk and rule of law protection suggestions proposed by the “Three Rights Separation” are briefly introduced.