Research On Rural Land Management Rights In The "Three Rights Separation"

Since the reform and opening up,with the rapid development of China's economy,China's rural economy has correspondingly carried out a series of land system reform.At present,a new round of land system reform has been carried out under the "separation of ownership,contract right and operation right".This system is another rural land reform system with Chinese characteristics after the household contract responsibility system.Based on important system innovation in the implementation and reform target positioning,segmentation,right out of the new type of "two rights separation" brought the systemic implications of rural land management system,put forward the reconstruction of the system requirements,the way based on the rich,clear system,such as "a debt coexist" to consider the allocation of rural land management rights under the "separation of division" integration.After reading and searching a large number of literature,this paper summarizes the specific concepts of rural contracted land management right and rural land contract right by analyzing the research status at home and abroad.Through the description of the concept,background and development status of the "separation of three powers" and the connotation of the rural land management right under the "separation of three powers",it is concluded that the ownership in the "three rights" system occupies a fundamental position.In the introduction of the basic meaning of the right of land management,mainly from the "three rights separation" of the ethical significance of the right of land management,social analysis and the right nature of land management,clarify the right nature of land management is usufructuary right.Through the analysis pointed out that "three division" land problems such as the main body of land management rights,in terms of rights,land acquisition modes are mainly acquired through family contracted land management rights and rural collective economic organizations outside of the agricultural management main body acquired through the circulation of land management.The survival period of the land management right of the new agricultural operation subject,the subcontracting mode of the land management right and the problems existing in the restrictive provisions,etc.The reasons for these problems are analyzed,such as the fit between the new system and the old system,the dynamic change of the interest form,and the objective law that the production relationship to the development of productive forces.Finally through the analysis of problems seek through the establishment of value assessment and risk prevention mechanism,clear the rural collective subject of land management has the relevant laws and regulations,clear the rural collective land circulation in the management of relevant laws and regulations,improve the rural collective rights dispute resolving mechanism,etc.Way to solve problems and deal with land management rights legal theory basis.And improve the legal system related to the land management right,and truly release the rural land management right to invigorate the rural economic progress and promote the development of modern agriculture,so as to make farmers rich and rural development.Finally,we will win the battle against poverty and build a prosperous,strong,democratic,culturally advanced and harmonious society in all respects.