| The agricultural land reform began with the household contract responsibility system.After more than 40 years of development,relevant policies and legal regulations have undergone great changes.With the deepening of land reform and the improvement of land system,academic discussions on land are also increasing.From the current point of view,domestic farmland rights are not a single structure,but a dual structure,with both collective ownership and land contractual management rights.Under a specific historical background,the dual structure has its rationality,but with the continuous deepening of the agricultural modernization process,this structure model has been difficult to meet the needs of the current new situation,and even played a very large role in restricting the circulation of agricultural land,making the intensive and large-scale operation of agriculture unable to proceed smoothly,which has an adverse impact on the development of the rural economy,and the majority of farmers are more eager to obtain more land rights.In response to this situation,the state has carried out reforms and introduced the "separation of three rights".The focus of this reform is to further promote the application of land management rights,so that agricultural land can be better transferred.In view of a series of legal-related issues involved in the transfer of land management rights,there are still many gaps in the existing legislation.By sorting out the existing legal provisions,it can be seen that in the property rights section of the Civil Code,only five clauses are set up to provide for the definition,establishment,circulation and registration of the assignment of land management rights,and the content of the clauses is relatively rough.The content of the regulations is not comprehensive and needs to be further improved.This paper takes the transfer of land management right as the research object,first discusses its concept and connotation,secondly,analyzes its form,and points out many problems existing in the current land management right transfer;finally,it puts forward perfect suggestions.Overall,this paper mainly contains five parts.The first part is to discuss the basic theory of land management right.The first is the system connotation of "separation of three powers",which specifically introduces the policy background of "separation of three powers" and the content of the new rights system created by the step-by-step introduction of relevant policy and legal documents.Secondly,the legal connotation of land management right is expounded in depth;and some different viewpoints currently exist are explained,and the nature of the right of land management right is also discussed,and its attributes of creditor’s right and real right are analyzed.The second part discusses the circulation and registration system of land management right.Firstly,it expounds the legal connotation of related concepts;secondly,it compares and analyzes the specific circulation forms;finally,it analyzes the main contents of the registration system in the process of land management right circulation under the "separation of three rights",and analyzes the different periods of time.The land management right transfer registration system has been demonstrated separately.The third part investigates the current situation of the land management right transfer practice.The author investigates the current situation of rural land management right transfer in Yanggu County and Yucheng City,Shandong Province,and mainly investigates the transfer scale,transfer method and supporting measures.At the same time,it expounds the problems existing in the current circulation of land management rights,including the market itself,the subject’s rights and interests,the lack of risk protection and the lack of circulation supervision.The fourth part analyzes the cases of legal disputes in the process of land transfer.The author focuses on the analysis of the main disputes in the transfer of three types of land management rights.The reasons mainly include unclear land subcontracting agreements,inability to pay transfer rents,and disputes over the distribution of expropriation and compensation,and analyzes typical guiding cases for each type of reasons.The fifth part discusses the improvement measures of the land management right transfer system,including establishing a multi-departmental joint land evaluation mechanism,building a professional land transaction information circulation platform,strengthening the government’s supervision of land use,setting up a land transfer risk fund,and filling land There are loopholes in the transfer of management rights. |
