Research On The Registration Rules Of Land Management Right

In order to better adapt to the reasonable demand for land rights due to urban-rural economic integration and the scale of agricultural operations,the Party Central Committee and the State Council,based on their comprehensive judgment of social economic development,actively responded to the call for new demands for rural operations,and proposed and launched the "three rights separation" policy.The key point of implementing the "three rights separation" policy is to "liberalize land management rights",and upholding collective ownership and stabilizing farmers’ contracting rights are its premise and foundation.Land management rights have been legally recognized,but their nature remains unclear.The problem that accompanies the ambiguity of nature is that the registration rules related to it cannot be unified in theory,and corresponding problems may arise in practical operations.Through consulting relevant materials and sorting out the views of various scholars,this article focuses on the emergence of land management rights and further analyzes the views of scholars who adhere to different theories on the nature of land management rights.Currently,there are three mainstream theories,namely,the theory of usufructuary rights,the theory of creditor’s rights,and the theory of dual property and debt.In a comprehensive analysis of different theories and understanding of policy concepts,the theory of property rights is more appropriate.On the basis of adhering to the theory of property rights,it is believed that time should not be used as the standard for determining whether a property right has the ability to register.According to the relevant provisions on the ability to register in the property title of the Civil Code,only real estate property rights have the ability to register,but in the legislative work,only land management rights with a transfer period of more than 5 years have relevant provisions in their transfer process,In November 2022,the newly issued "Operating Regulations on the Registration of Land Contractual Management Rights and Land Management Rights"(Trial Implementation)did not specify how to register land management rights with a transfer period of less than 5 years.In practice,whether the land management rights derived from the land contractual management rights or the land management rights derived from the land ownership,when the land management rights with a transfer period of less than 5 years are used as the transfer objects,"Because it is not a legally compulsory registration matter,it is not conducive to protecting the rights and interests of parties with legitimate rights.".Land management rights do not restrict identity,and there are various ways of transfer.While promoting the transfer of land management rights and stimulating market vitality,imperfect legislative work can also lead to a series of problems in the process of transfer.Therefore,based on the theoretical analysis of the first and second parts,the third and fourth parts mainly analyze the problems arising from the registration rules in different transfer methods and propose relevant suggestions that are conducive to improving the publicity rules of rural land management rights.Moreover,on the basis of insisting that land management rights have the ability to register real estate rights as real estate rights and applying relevant rules,Further combining theoretical theory,no matter what method of circulation registration is adopted,the effect should be that registration takes effect immediately.The development of legislative work should serve the reality,and legislators should actively face and solve problems when they arise,so that laws and policies can keep pace with the times.Therefore,legal interpretation and other methods can be used to further improve and refine the registration rules for land management rights,so that land management rights can fully exert their due value,and timely remove or reduce obstacles in practical operations.On the basis of adhering to the policy guidelines,I have provided my own suggestions,hoping to make a contribution to stabilizing and improving the registration system in the transfer of rural land management rights,so as to better maximize the interests of farmers.