Study On Legal Problems Of Transfer Of Land Management Right

The Party's 19th National Congress report first put forward the rural revitalization strategy.As an important task in the strategy,the farmland property system of "the separation of three rights" is the reconstruction and refinement to our rural land property right system.The fundamental approach of "Liberalization of the land management right",the core of "the separation of three rights",is to promote the transfer of land management right in order.To understand the legal connotation of the land management right and its transfer in an accurate manner,we need to have a clear recognition about the important role the problem in the transfer of land management right inhabits in the legal system of land management right transfer and the better "liberalization of land management right".The paper is divided into four parts,and the relevant legal problems in the transfer of the land management right is studied through investigation,literature,empirical study and cross study.The first part identifies the target,significance and the role of the land management right through combing the policy track of the formation of land management and the introduction and the analysis of the relevant theory.Through the identification of the land management right and its transfer from the aspect of it content,property,feature,etc.,the paper finds the essential difference and the innovative reform of the land management right transfer under "the separation of three rights" and the traditional farmland transfer.The second part of the paper gives an introduction to the relative regulation and the practical approach of the land management right transfer in China.Based on the investigation on the policy regulation and the legislative situation of the land management right transfer,five specific approaches of land management right transfer are introduced.The third part puts forward the four problems to be solved in our current land management right transfer,that is,unclear subject positioning of the land management right transfer led by the lack of legal system,undefined object of transfer,debate transfer as the major way of land management right transfer and the profit conflict led by request from various parties.Given the main problem that the land management right transfer is facing,the fourth part puts forward the suggestion on the perfection of legal system of land management transfer from four aspects,namely,identifying the owner of the land management right as the subject of the transfer,clarifying the land management right as the subject of transfer,ensuring the document of title in the transfer of land management right and identifying the reasonable profit distribution among all parties.