Circulation Of Rural Land Management Rights Research On Legal Issues

Since the Third Plenary Session of the 18th Central Committee of the Communist Party of China,the reform of "separation of rights among the three" in rural land has been gradually deepened and improved in theory and practice from policy to law.The fundamental problem to be solved by "separation of three rights" is that it is difficult to effectively transfer land contractual management rights and does not meet the needs of economic development.Its core is the transfer of land management rights.The legal evolution and legal regulation of land management rights reflect policy and Purpose behind legislation.The system of land management rights is a complex system.The land management rights stipulated in the Civil Code and the Rural Land Contract Law are a composite concept,including three different types of land management rights.The regulations essentially include the formation of land management rights,and the circulation rules for different types of land management rights are also different.On the basis of clarifying these basic problems,combined with the on-site investigation in Yongqiao District,Suzhou City,it can be found that there are still some legal obstacles to the current transfer of land management rights,which hinder the realization of the purpose of the separation of powers reform to a certain extent,including land The boundary between the management right and other rights on the land,especially the land contractual management right is not clear enough,which leads to the lack of clear regulations on the rights and content of the land management right.The regulations on land management rights are inconsistent with the inherent needs of the nature of land management rights;the supporting system for the mortgage of land management rights is not perfect,and there are difficulties in realizing it in practice;land management rights are faced with disposal problems.In view of these existing problems and deficiencies,it is necessary to improve the system of land management rights from multiple perspectives,including straightening out the theory of the generation of land management rights,improving the effectiveness of publicity and credibility of land management rights,improving the circulation rules of land management rights,and improving land management rights.Mortgage supporting system,innovation of land management right shareholding system,etc.,in order to better promote the transfer of land management rights and effectively achieve the expected goal of the "three rights separation" reform.