Research On Institutions Of The Rural Land Management Right On The Basis Of The Separating Rural Land Rights

The reform of the Separating Rural Land Rights in China has been carried out in an all-round way.The basic requirements at the policy level are to adhere to the collective ownership of rural land,stabilize the land contracting rights of farmers,and release the land management rights.Under the background of the separation of land rights,the separation and establishment of rural land management rights is the core of agricultural land reform.The current agricultural land problems in various forms in the practice of rural land in China,as well as the exploration of the practice and theory in response to this problem,are the realistic basis for the establishment of agricultural land management rights.From the perspective of legal theory research,the construction of management rights system is the core of agricultural land management rights research.The basis for the construction of a scientific and rational management right system comes from the definition of the nature of its rights and the relationship between related rights.Is the nature of farmland management rights for property rights or creditors? How to deal with the contradiction between its inherent dual attributes? What is the relationship between management rights and contracting rights and ownership? The theoretical interpretation of these three questions is the primary problem in constructing the system of the rural land management rights.Based on these three basic problems,the nature of rural management rights is defined as usufructuary rights,it can mitigating the conflict between restriction of property rights and real needs,while it taking into account the creditor attributes of rural land management rights,and in the rural land rights system,the model of“ownership and usufructuary right and usufructuary right of right” is constructed.Based on this model,the institutional construction of rural land management rights includes its subject,object,content,rights change,publicity effectiveness,risk control and rights relief.