A Study On The Inheritance Of Land Contract Management Rights Under The "Separation Of Three Rights"

The inheritance of the rural land contract and management rights is related to the benefits distribution of countryside and farmers,affects the reform of rural land system.The new rural land contract law,which came into effect at the beginning of 2019,has greatly promoted the reform of the "Separation of Three Rights" of rural land rights.After the "Separation of Three Rights",land contract and management rights can not only exist as a whole but also separate into land contract and management rights and the land management right.The current law only confirms inheritance of woodland contract and management rights by household contract way,"four kinds of barren land" contract and management rights by other ways and land contract income inheritance,but the inheritance of cultivated land and grassland contract and management rights by household contract way is still lack comprehensive and clear regulations.The relevant questions in this field,whether legal provisions,judicial practice or academic theory,cannot give a definite and unified answer.In order to fill the gaps in the legal system,protect the rights and interests of farmers and reduce practical disputes.This paper attempts to study on the inheritance of land contract and management rights under the background of "separation of three rights",and put forward some suggestions to perfect the inheritance legal system of land contract and management rights.The land contract and management right discussed in this paper mainly refers to cultivated land and grassland contract and management rights by household contract way.This paper is divided into four parts,focuses on the inheritance of the land contract management rights under the "separation of three rights" to discuss.The first part expounds the provisions of the law on the inheritance of land contract management rights before the "separation of three rights",and analyses that there are basically three reasons,which are the land contract and management rights undertake the task of rural social guarantees,taking "peasant households" as the substantive subject of rights and the relationship between "contract benefits","continuing contract" and "inheritance" has not been clarified completely.The second part discusses the influence of "separation of three rights" on collective land rights.Firstly the connotation and significance of the "separation of three rights" are expounded,and then this part discusses the changes of the three land rights after the "separation of three rights",finally,from the perspective of fairness and efficiency,this part analyzes the influence of "separation of three rights" on the inheritance of land contract and management rights.The third part emphasizes from the perspective of necessity and feasibility to prove the inheritability of the land contract management rights under the "separation of three rights".First of all,this part discusses the necessity of inheritance of land contract management rights from the following aspects: this right is a property right,belongs to the heritage,"the member of the peasant household" is the substantive subject of the right and the successor of the right is different from the initial receiver of the right.Then,from the aspects of making up the legal system blank,the function of social security does not affect the inheritance,economic benefits and farmers’ wishes,we can get the feasibility of the right inheritance.The fourth part puts forward suggestions of perfect ing the inheritance legal system of land contract and management right under the background of "separation of three rights".Firstly,we have to make clear that the object of land contract and management right is the right itself,and through the improvement of the right attribute and the rural social security system to remove the obstacles for the right inheritance.Next,this part discusses the subject range of the inheritance of the land contract and management right,determines the decedent and the heirs of the right.Then demonstrate the inheritance method of land contract and management right,including the method of heritage division,succession procedure,testamentary succession and statutory succession.At last,this part puts forward to set up the benefit balance system and the after expiration treatment legal system of the inheritance of land contract and management rights.