Under The Background Of "Separation Of Division" Farmland Management Rights Conflicts Of Interest And Coordination

In the 1970 s, China began to implement the contracted management of rural land system, it has formed and separation of the right to the contracted management of rural land property rights, adapted to the needs of the development of rural productivity, to improve the farmer's production enthusiasm, greatly promote the development of agriculture in our country. However, with the development of social economy and the improvement of people's living standards, the need to improve efficiency of agricultural production to meet the demand of the market and the modernization of agriculture. So at present, China's vast rural areas promote rural land circulation, and the farmers contracted management of rural land circulation out to other subject, not only can free farmers inherent in the land, is more advantageous to mechanized production and large-scale operation. To conform to the trend, In November 2014, general office of the central committee of the communist party of China, issued by the general office of the state council "about guiding rural land management rights transfer with the opinions of the development of moderate scale management of agriculture", clear requirements "insist on rural land collective ownership, ownership, contract right, management of division and separation, guide the orderly circulation of land management rights", further defined the will on the basis of "separation of division" promote farmland circulation. The rural land contract right and management directly affects and decides the efficiency of farmland resources and the development direction of modern agriculture, must handle the relationship between the two. Consulting contract and management rights, however, have their connotations and characteristics of the farmland circulation under the condition of the separation, its main body there is a lot of reality or the possibility of a conflict of interest in the future."Separation of division" is produced for the theory and practice of farmland circulation at present stage, is on rural collective land ownership, on the basis of stability of peasant household contract right, allowing flexibility of management of the land,.It is the time background of our country's rural land circulation is the most important. In this background, the farmland circulation after the contract right and management right connotation is different, more of the right to contract for identity rights and property rights and options; Management is focused on have the right to use and benefit compensation. Because farmland changing objectives between the two sides interests as well as the risk of agricultural management itself, the instability of farmland changing market and other factors, the two sides is easy to conflict of interest in practice.For example, Farmland changing fixed contract price mode could damage their long-term land income; Agricultural management risk prevention mechanism for lack of sustained and stable effect of farmland circulation; Operator, it is difficult to realistically responsibility for damaged agricultural land resource value, etc.To solve these problems need to pay attention to China's present situation of Chinese farmland changing market. At present, our country has not yet form a unified, standardized agricultural land management rights transfer market; In many places the circulation rate is low, the contract signing and haven't formulate unified land transfer contract demonstration text; The enthusiasm of agricultural insurance is low, its co-ordinated function has not been full play; The government and the market intermediary service organization to provide the perfect services. Against the advice of this article is to land management rights transfer pricing into the government guidance price; Comprehensively implement the provincial agricultural land management rights transfer contract demonstration text; Establish and improve the risk prevention and control mechanism of rural land management rights and improve the agricultural land management rights of the public service system, and finally to improve the agricultural land management rights disputes settlement mechanism as the guarantee.