Status Analysis Of The Right Nature Of Rural Land Management In Jiangxi Province Under The Background Of Division Of Three Rights

Jiangxi is a major grain-producing province in the south,with a stable forest coverage rate of 63.1%,ranking the second in China.It is a veritable agricultural and forestry province.The reform of the division of three rights is of great significance to solve the existing problems of agricultural land management in Jiangxi province.Taking the reform of collective forest right system as the spearhead and experimental field of reform,in October 2014,Jiangxi province issued,in the name of the two provincial offices,“Opinions on Actively and Steadily Promoting the Transfer of Forest Land and Further Deepening the Reform of Collective Forest Right System”,many bold attempts have been made,such as,innovating the circulation mode and stipulating that forest land management rights can be mortgaged and financed.Over the past few years,some achievements have been made,and many practices can be replicated and used for reference by the whole country and other brotherly provinces.However,in practice,because laws and regulations do not clearly define the nature of land management rights,we also encounter many problems,some of which cannot be solved under the current legal framework.The question of rights is,after all,a question of law.After analyzing that the policy goal of the division of three rights cannot be fully realized due to legal restrictions,how to use legal language to express the top-level design concept of rural land system reform and define the right nature of rural land management rights has become a top priority.This paper takes Jiangxi forestry as an example,demonstrates the property right of rural land management right from the aspects of feasibility and necessity,theory and practice,and puts forward pertinent legislative suggestions from the four aspects of name,change mode,power and provision setting.This study is closely related to the rural land policy of the central government and Jiangxi province on the division of three rights.In combination with the forestry reality of Jiangxi Province,it insists on the typicality,representativeness and objectivity of the research objects and data,aiming at providing policy guidance and decision-making reference for the legislation at the national level to a certain extent.