Separation Of The Three Rights On Contracted Management Right Of State-owned Farm Land

State-owned farms are organized and established by state investment under specific historical conditions,specific organizations that operate on state-owned land,problems with their contracted land management rights,as well as the problem of the separation of the three rights on contracted management rights,both of this lack legal norms,and lack of theoretical and practical exploration.In practice,how to define the right attribute of stateowned farm land contract management right,what kind of influence will different qualitative have on the separation of the three rights;Whether all kinds of management systems adopted by the contract management of state-owned farm land can produce the separation of the three rights;And whether state-owned farm land can refer to the three rights of collective agricultural underground separation,management rights generation,management rights transfer,these problems are constantly emerging in legal practice but lack of legal provisions,court decisions are also controversial issues.In this paper,literature review,comparative analysis and research were adopted,through the study of China’s current state-owned farm land laws and regulations,comparing the various ideas in the academic world,management practice of state-owned farm land contracting in different provinces,compare the relevant judgments made by different courts on disputes arising from the contract operation of state-owned farm land,expound the related concepts,legal provisions and practical operation of the state-owned farm land contract management system,compare and analyze the advantages and disadvantages of various viewpoints and practices,it is proposed to identify the property of state-owned farm land as usufructuary rather than creditor’s right,on the basis of the property of usufructuary right,the system of separation of three rights can be produced.In addition,comparative analysis of three types of state-owned farm contract management system,it is concluded that the separation system of the three rights can be produced only in the partial operation mode.At the same time,on the base of the existing two-field system,the feasibility of separation of the three rights was studied,the two-field system is essential to the establishment of the three-rights separation system.Finally,it is clearly,the right of management can be generated on the base of stateowned farm land contract operation,and the three right separation system is established,and analyzes all kinds of management right circulation way,constructs the management right circulation system.Therefore,this paper tries to provide ideas and suggestions in terms of legislation and legal interpretation in accordance with the national conditions and environment for the separation of the three rights of land contract management right of stateowned farms in China,carding the relationship between state-owned farm land contract management and the system of separation of the three rights.