Research On The Legal System Of "Three Rights Separation" Of Rural Land In My Country

Rural land is the foundation of agricultural development in China.Since the early days of the founding of the People's Republic of China,the country has paid close attention to the relationship between farmers and land.The rural land property right system has gone through the reform from single property right to secondary property right and then to "separation of three rights".The single property right system is a "three-level ownership,team based" model formed in the process of socialist transformation.With the reform and development of the separation of government and society,the disadvantages of the single property right system of land lead to the lack of enthusiasm in agricultural production.The two-level property right system under the household contract responsibility system effectively mobilizes the enthusiasm of farmers in production.At the end of the 20 th century,with the market-oriented flow of production factors,the secondary property right system of land is facing the adjustment node.The land system of "separation of three rights" has come into people's vision,and gradually implemented to the legal level under the development of agricultural practice and central policy.The land system of "Three Rights Separation" can not only effectively apply to the real demand of market economy for the diversification of property right system,but also release the vitality of agricultural economy.Based on the understanding of the theory of right decomposition in civil law,the complete expression of rural land property right in law should be divided into collective land ownership,land contract management right and land management right set on it.In 2014,the central document pointed out that we should always adhere to the fundamental position of collective ownership of rural land,strictly protect farmers' contracting rights,and accelerate the release of land management rights.At the same time,there are some problems to be solved in the current law,such as the lack of clarity of the right subject caused by the differentiation of the right subject,the incomplete content of each right and function of land,and the lack of perfect exercise procedure and supervision mechanism.The problem of rural land in China has a long history.Combined with the historical changes and current situation of the development of the system of rural land property rights,this paper analyzes the nature and content of various rights in the reform of "separation of three rights",and clarifies the rationality and feasibility basis for its implementation.Due to the lack of understanding of the legal subject status of the peasant collective,there is a confusion of the rights and powers of the peasantcollective,the rural collective economic organization and the villagers' committee in practice.Through the discussion of the nature of the three rights subject,we finally confirm that the peasant collective is the only subject of collective land ownership.The right of contracted management of land should be purified according to the requirements of its identity.Specifically,this right content can only be obtained with collective membership.The right of land management should be divided into the right of land management with the property right attribute and the right of creditor's rights attribute according to the different sources of the right.The expression of the legal provisions should include the specific subject of the right of land management,the content of the right,the way of obtaining the right and the restriction of the right,etc.In the rural land contract law of 2018,the right of land management is innovated.Compared with the contractor,the content of the right is not only inherited but also innovated.Through the analysis of the rights of rural land under the background of "separation of three rights",we further clarify the subject of the three rights and the reasonable distribution of power and energy among them.The realization of rights needs corresponding system and procedure regulation.All powers and functions after the separation of rights should be supervised on the basis of perfection,so as to give full play to the institutional advantages and values of the separation of rights.