Study On The Model Of The Village Collective Withdraw Land And Contract To The Company

The “Separation of Three Rights” policy had been Specified by the newly revised <rural land contracting law>,but it still needs to be further clarified and refined on the nature and connotation of rights.The nature and connotation of land management right are not clear.The land contract right is not the collective membership of collective economic organizations.The fuzziness of land ownership right limited the management to the land’s circulation.The legislation of “separation of three rights” is limited,that is difficult to meet the requirement of multitudinous rural land’s circulation and influence the objectives of reform to liberate the management right.Early intervention of the basic-level government and the weakness of the land arbitration mechanism,that is not conducive to protect the farmers’ rights.Legal construction of farmland should be further clarified,with the purpose of protecting the farmers’ rights and promoting the development of agricultural modernization.The suggestions include the following content.Legislating the collective membership right to protect farmers’ contracting rights.Strengthening the land ownership right,and endowing the right subject with certain rights of disposition,profit and management,to achieve the unified distribution of land management and overall operation management.Clarifying the nature of the land management right,and transforming the government’s functions and improve the legal remedies,to further liberalize the circulation of the land management rights.