The Study Of The Mechanism Of Compensated Withdrawal Of Rural Contracted Land Under The “three Rights Division” Policy

The withdrawal of rural land contracting rights is an inevitable reality in China's urban-rural integration development and urbanization development.Since the founding of the People's Republic of China,China's rural land system has undergone the reform of socialist public ownership and the reform of the household contract system.The two institutional changes have realized the transformation of rural land from peasant private to collective public,collective management to household contract management.Rural productivity development.However,with the economic and social development,especially industrialization and urbanization,on one hand,the rural labor force has been transferred to the secondary and tertiary industries and cities,the urbanization of the agricultural population has been further accelerated,and the farmers have begun to vacate a large amount of idle land.On the other hand,the peasant farmland with the ability to retreat and the willingness to withdraw is blocked,and the land property rights are not realized.This not only hinders the pace of citizenization of migrant workers in China,but also makes it difficult to promote agricultural scale operations.These problems ultimately point to rural land.The current situation of the system and the needs of the law of economic and social development are out of touch with each other.Therefore,in the next stage,China can explore the establishment of a paid exit mechanism for agricultural land contracting rights to solve the above problems.The "separation of powers" is a new type of property rights system for agricultural land in China.It has been clearly defined as a basic institutional arrangement for rural areas in the new era,and has a guiding role in the study of a new round of land system reform.Therefore,this paper takes "three rights division" as the research perspective,based on relevant theories,on the basis of existing research,tries to define the agricultural land property rights system under the "three rights division",through the farmland contract management right has been paid out of the pilot case study,to achieve the focus of the problem,combined with the theory of property rights and institutional change theory,to innovate and improve the exit path and mechanism of land contracting rights.This paper is divided into six parts.The introduction part introduces the research background and significance of this paper,the research object,the research status at home and abroad,research ideas and methods,possible innovations and deficiencies.The first chapter is related concepts and theoretical foundations.It mainly sorts out the terms and concepts related to rural land contracting rights,and summarizes the necessary theories to provide theoretical guidance for the following research.The second chapter is the key chapter of this paper.On the basis of the existing research,it tries to clarify the connotation,power boundary and mutual relationship of the various rights of agricultural land under the "three powers division",and points out that the land contracting rights are members.On the basis of rights,the right to contract collective land is exercised.The specific powers include possession,income and disposition.The management rights are the farming rights enjoyed by all types of agricultural management entities.Specific powers may include possession,use,income and disposal rights.This is a prerequisite for discussing the exit of the contracting right.The fourth chapter is the case analysis.Firstly,it points out that the rural population is heavily transferred,a large number of agricultural land is idle,the utilization rate of agricultural land is improved,national food security is guaranteed,and the promotion of the citizenship of the farmers in the city is necessary to exit the contracting right of the farmland.At present,the main forms of the rural land contractual management rights paid-out reform pilots are comparatively analyzed,mainly the pilot practices of Liangping County in Chongqing,Pingluo County in Ningxia,and Neijiang in Sichuan.Through analysis and summary of the main problems of the withdrawal of contracting rights in the practice process,the direction of the following mechanism construction.The fifth chapter is problem-oriented,combined with the theoretical analysis and practical experience of the previous article,constructs the exit path and institutional system of land contractual management rights,including the exit subject,exit method and content,compensation mechanism and risk prevention mechanism.The sixth chapter contains summaries and policy recommendations.It mainly focuses on the rights system under the above three rights,the contracting rights withdrawing from the constraints,and the construction of the contracting mechanism is summarized and summarized.Specifically,it puts forward the improvement of relevant laws,clarifies the relationship between "three powers",exerts the role of the market,establishes a platform for the trading of property rights of agricultural land,establishes the entry and exit system of rural collective members in a timely manner,combines the withdrawal of agricultural land with the peasant citizenization,and scientifically guides farmers to retreat.Land,explore the establishment of recommendations for agricultural land reclamation system and other recommendations.