On The Legal Issues Of The Transfer Of Land Management Rights Under “Three Rights Separation”

In order to adapt to the latest requirements of the development of productive forces and to stabilize and improve the basic rural management system suitable for the national conditions,the Central Committee of the CPC,with Comrade Xi Jinping as its core,has put forward a policy of "Three Rights Separation" with great significance.That is,under the premise of persisting in the collective ownership of rural land,it is necessary to separate the contracting rights from the management rights and form the three rights division of "ownership,contracting rights and management rights".The pattern of management right circulation.On December 29,2018,the seventh meeting of the Standing Committee of the 13 th National People's Congress passed the decision on amending the rural land contract law of the People's Republic of China for the second time,marking the completion of the transformation from the "Three Rights Separation" policy of the central government to the law.The circulation of contracted land is the core of the reform of "Three Rights Separation ".The new rural land contract law abandons the concept of "circulation of contracted land management rights" in its full text,and separates "exchange and transfer of contracted land management rights" from the category of contracted land circulation,aiming to establish a circulation system of contracted land centered on the circulation of land management rights.However,it needs to be pointed out that there are many legal issues that need to be examined and clarified in the new law on the transfer of land management rights.For one thing,the connotation of "transfer" is not clear in the new rural land contract law,and the academic community has not reached a consensus on it,which needs to be scientifically defined.Second,as the object of transfer,the right attribute of land management rights is unclear.Third,the land management right that the family contracts on rural land assures means is not clear,be mortgage or pledge.Its methods of publicity are also unclear.The above problems are the most important and fundamental problems that need to be solved properly in the scientific construction of the legal system of land management right transfer.This paper intends to study the above legal problems.In view of the above legal issues to be clarified and solved,the author puts forward countermeasures and suggestions for improving the legal system of land management right circulation.They are as follows: One is to define the connotation of "Circulation" as the establishment and transfer of land management right,and consider using more standardized legal terms such as "transfer" instead of "circulation" in the future.Another is to establish the object of circulation-the usufruct property attribute of land management right,set up an effective mode for the registration of business right and give the land management right more full disposal power,such as the re circulation of the land management right and other matters without the consent of the contractor.The last is to clarify the legal status and publicity method of the mortgage of the land management right,and build the trading platform of the agricultural land property right and the appraisal mechanism of the land business right.