"Three Rights Separation" Of The Rural Land

With the modernization and scale development of agriculture in our nation,the problems of agriculture land transfer freely and mortgage finance become very serious,so the central committee of the CCP and Sate Council immediately puts forward the three rights separation to solve these questions,which include ownership,contract right and management right based on the collective land.Our nation proposes the three rights separation based on the agriculture practice and it obviously has the Chinese characteristics.The emphasis of implementing the “three rights separation” system in rural land lies in its match with the current legal system in China,as well as its appearance in legal articles.“Three rights separation” is essentially a major breakthrough in the system of rural land rights with significant value both theoretically and practically.The fundamental cause to the current low utilization rate of rural land is that the system has limited farmers to use agricultural land on which they rely.Therefore “three rights separation” in rural land can cope with the problem properly.To understand the value orientation of this institution,it is necessary to analyze the fundamental structure of the system of land rights from the perspective of legal theory,and to clarify the value goals to strike a balance between national interests,collective interests,and individual interests.It is required to accurately understand the connotation and nature of the "three rights".The "three rights separation" of rural land is a combined system of“collective land ownership plus land contractual managing right” when the right is not in circulation and a system of "collective land ownership plus land contracting management rights plus rural land management rights" when in circulation,rather than an approach to split the original land contractual management right.The paper discuss that it must be deeply discussed that how to make the reform policy turning law norm in academic world.Before the three rights setup reform,academic word has been studying the agriculture land problems and emerged different opinions.Economy science puts the plan of three rights separation and law science puts the plan of perfect right power of contractual operation right.Presently,the policy had chosen the former.The corn divergence of the debate is whether the contractual operation right of rural land should undertake the function of society guarantee.And give some legislative proposal.