Evidence Of The Inheritance Of The Contract Management Right Of Land Under The Three-Rights Subdivision

Our country has made remarkable achievements in the reform of economic system.But there are some problems in the process of urbanization of county economy.For example,the inheritance of land contractual management rights has aroused widespread concern.In the reform measures of the land contract law in 2018,the separation of three rights were formally determined,and it was regarded as a new model of rural land rights.The separation of the three rights is mainly based on the separation of the two rights to further divide the land contractual management right into two parts,that is,the land management right and the contract right.However,there is no fundamental breakthrough in the inheritance of land contractual management right,whether at the policy level or at the legislative level,and the phenomenon of different sentences in judicial practice still exists or even intensifies.The rural land contract law only makes the relevant stipulation that the cultivated land contract period can be extended for 30 years after the expiration of the contract period,but it still can not avoid and effectively solve the inheritance problem of the land contract management right.In the current policy,if the whole family is relocated to district-based city,the contracted land will be recovered by the contracting party,and there is no inheritance problem.But in today’s practice,this situation is very few,most of which is that the young generation moves to big cities to ensure that their children go to school,and the elderly still retain rural household registration.In this case,the contracted land will not be recovered.Moreover,with the effective implementation of the compensation policy for demolition,the value of land is becoming more and more large.If the relocation households are not profitable,farmers will not easily change their household registration.It is necessary to carry out in-depth research on the inheritance of land contractual management rights.In this study,the above problems are discussed,and the inheritance of land management right and contract right is studied.The structure and content of this paper are as follows:The first part is a case-Lee Wei Xiang v.Li Ge Mei land contract management right inheritance dispute case to introduce the question of inheritance of land contract management right.The second part first introduces the formation of the three-right divided farmland power system from the policy point of view,and analyzes its influence on the inheritance of land contract right and management right,that is,the subject of inheritance breaks through the restriction of identity and the object of inheritance is more diversified.The third part expounds the theoretical dispute of whether the land contract management right can be inherited from the two angles of non-inheritance theory and inheritance theory respectively.The fourth part demonstrates the necessity,feasibility and related system construction of the inheritance of the land contract right under the division of three rights.First of all,from the main body of the land contract right for individuals rather than farmers,the need to protect the property rights of farmers and the need to solve the problems in judicial practice to demonstrate the necessity of land contract right inheritance.On the other hand,the land contract right belongs to the property right and the creditor’s right and other property rights belong to the estate,so the land contract right belongs to the personal property,which conforms to the inheritance law.The feasibility of land contract right inheritance can be demonstrated from the perspective of the vast majority of farmers’ wishes.Then the preliminary system construction of land contract right inheritance is carried out.The fifth part demonstrates the necessity,feasibility and related system construction of the inheritance of land management right under the separation of three rights.On the one hand,it demonstrates the necessity of land management right inheritance from the point of view of the inevitable requirement of rural land reform,increasing farmers’ land investment and promoting land improvement and improving agricultural performance.On the other hand,the feasibility of the inheritance of land management right is demonstrated from the point of view that the inheritance of land management right has legal basis,the inheritance of land management right is recognized and the social security function of land recognition is not in conflict.The main goal is in order to promote the rational solution of rural land contract right,management right inheritance,and provide theoretical basis for the improvement of relevant legislation.