Research On The Reconstruction Of Agricultural Land Rights From The Perspective Of "Three Powers Separation"

Under the system of complete collectivization of agricultural land,agricultural production is inefficient Therefore,through the reform of the agricultural land system,the agricultural land rights system of the "separation of the two rights" between collective land ownership and land contractual management rights has been generated.The "separation of the two powers"of agricultural land has indeed enhanced the efficiency of agricultural production for a period of time and increased the enthusiasm of farmers for agricultural production.However,with the development of society,this kind of agricultural land"separation of powers" has gradually revealed its drawbacks:on the one hand,it restricts the transfer of land contractual management rights;on the other hand,agriculture is fragmented and shredded.Meet the realistic needs of large-scale and modernized agriculture.Therefore,the reform of the agricultural land system needs to be carried out again,so the policy of "separation of the three powers" of agricultural land has been proposed.Through the discussion on the connotation of the "three powers separation" of agricultural land,the connotation is that the ownership,contracting right and management right are divided into three powers.By comparing with the "separation of the two rights" of agricultural land,it is concluded that the "three powers separation" of agricultural land not only has the practical significance of realizing agricultural intensification,scale and modernization,but also can realize collective land ownership,contracting rights and management rights.The value of the balance of the three powers.In the pilot area,there are four typical agricultural land transfer modes in the "three-power split" of agricultural land:contracted land lease rights model,land trusteeship model,land share cooperative model,family farm model,and then summarize the existence of farmland circulation in the pilot area.Experience and problems.The problems existing in the operation of the current "three rights division" rights of agricultural land are:the ownership and ambiguity of collective land ownership,the unclear definition of land contracting rights,the unclear nature of land management rights and the dilemma in circulation.The path to realize the reconstruction of the right to split the three powers of agricultural land is to clarify the connotation of the right to separate the three powers of the agricultural land:to implement the collective land ownership,to clarify that the collective economic organization is the sole subject of collective land ownership,and to improve the ownership of collective land.Rights content.The land contractual management right is used,and the land contracting right is the land contracting management right.To shape the land management right,determine the land management right has the dual attribute of property rights and creditor's rights.Reinventing the right relationship of the "three powers separation" of agricultural land:reshaping the relationship between collective land ownership and land contractual management rights,the relationship between land contractual management rights and land management rights,and the relationship between collective land ownership and land management rights.Improve the supporting system for the reconstruction of the right to split the three powers of agricultural land:establish and improve the registration of collective land ownership and land contractual management rights,establish a market mechanism for the transfer of land management rights,and establish a risk prevention mechanism for land management rights.