Research On The Nature Of Rights And The Institutional Improvement Of "Three Rights Distribution" On Rural Collective Land

The "three rights distribution" is the latest basic operation system for rural land in China.In the recently enacted Law of the People’s Republic of China on Rural Land Contracting,the basic concept and structural system of the "three rights" of rural collective land was first publicly defined.Since the Property Law of the People’s Republic of China has not yet stipulated the "three rights" of rural collective land,to establish a new system of agricultural land property rights,we must first determine the specific content of the "three rights." At the beginning of this paper,two typical cases are introduced.By analyzing the causes of the current agricultural land property disputes,it is found that the land contractual management rights system has caused great obstacles to the current agricultural development and must be eliminated through the “three rights distribution” reform.After thoroughly studying the different theories about the property rights system of agricultural land,this paper points out the way of realizing the rights of rights in the "three rights distribution" based on the theory of ownership and usufructuary rights in the law of property rights in China.The specific content of the right.Then,under the guidance of the property rights of the "three rights",this paper further put forward the concrete conception of the construction of the legal system of "three rights distribution."The paper is divided into four parts:The first part,why the question is raised.First of all,by analyzing two specific cases in judicial practice,we find that there is a lag in the rural collective land contract management rights system.Secondly,it sorts out the legislative and practical dilemma caused by the "distribution of rights" system.Finally,the domestic and foreign scholars’ research results on rural land property rights system are summarized.It is believed that the establishment of "three rights distribution" must break through the adverse effects of the old agricultural land management system and establish a sound rights system and legal system.The second part is the legal basis of the “three rights distribution” of rural collective land.This part mainly regards the theory of civil law ownership and the theory of usufructuary rights as the legal basis for the generation of rights,and the structural principle of property rights as the main basis for shaping rights.It is found that the essence of rural collective land ownership is a special share-based system,which is the source of the separation of rights.The process of “distribution of rights” is essentially the process of generating usufructuary rights through the separation of the power of ownership.Therefore,the "three rights" of rural collective land must be generated within the scope of "legal property rights",and the formulation of its specific system must also meet the requirements of the "one thing,one right" principle and the principle of public notice.The third part is the positioning of the rights of the "three rights".This part first reclassifies the content and characteristics of collective land ownership,contracting rights and management rights.Then,it clarifies that the root cause of the “virtuality” of collective ownership is that the hierarchical division of the subject is not appropriate,and a new organizational structure should be constructed to strengthen it.Afterwards,it is pointed out that the land contracting right is the embodiment of the collective ownership share enjoyed by the farmers,and should be separately established according to the system of using the beneficial rights.Secondly,it opposes the "debt claim" of land management rights,and advocates the regulation of management rights by the legal system of property rights.Finally,it is suggested that the relationship between “three rights” ??should be “the same roots and support each other” as the standard for the systematic construction of the“three rights distribution” legal system.The fourth part is the system design and legal expression of “three rights distribution”.This section has designed the corresponding legal system for the different issues of "threerights".First,the peasant collective resolution mechanism was established with reference to the company’s “shareholders’ meeting” system,and the main status and specific power of collective ownership were strengthened.Secondly,it advocates the establishment of a paid exit mechanism for land contracting and the unification of the effective rules for the publicity of agricultural land.The solidification of land management rights guarantees the circulation of land management rights.Afterwards,referring to the foreign land commercial banking system,it is proposed to set up a financing guarantee for the rural land bank to release the land management right,and establish a mandatory management system for protection.Finally,the preliminary design of the legal expression of "three rights" was carried out.In short,the construction of the legal system of "three rights distribution" must be based on accurate rights positioning.In the context of the current rule of law,the process of defining the "three rights" of rural collective land is actually a process of legalizing the way in which rights are generated.Therefore,based on the provisions of laws and regulations on the property rights system of agricultural land and the interpretation of the separation of "three rights" in combination with agricultural production and management practices,we can establish a correct direction for the reform of rural land management system.