Study On The System Of Three Rights Division And Its Implementation In Rural Cultivated Land In China

At the beginning of reform and opening up,the household contract responsibility system was carried out in the rural areas of our country.There exist land ownership and the right of contract management at the same time,the ownership belonged to the collective,and the right of contractual management belonged to the farmers.The peasants’ enthusiasm for production has been greatly aroused,it effectively solved the problem of food and clothing.With the deepening of industrialization and urbaniza tion,a large number of farmers turn to non-agricultural industries,the phenomenon of rural land circulation is becoming more and more common,and the mode of agricultural management has undergone profound changes.At the present stage,the farmers have the willingness of reserving the right to contract the land and transfering the land management right.So to divide the right of land contract management into contract right and management right.Thus ownership,contract right,and management right exist at the same time in parallel.Encouraging contracted farmers to transfer their land management rights is a major innovation in rural land reform.The "three rights division" of rural land in our country can not only safeguard the rights and interests of the rural collective as the landowners,but also protect the contracted rights and interests of the contracted farmers and the basic living security.It has also activated the land management right and solved the problem of optimizing the allocation of land resources.It not only meets the needs of the rapid development of the second and third industries,promotes urbanization and industrialization,but also allows the rural labor force to transfer employment,transfer land,promote land management on a moderate scale and realize agricultural modernization.At present,the implementation of the "three rights division" of cultivated land is still in the exploratory stage,and there is no too much experience to learn from it.There is no unified definition of the meaning and relationship between the three rights and the right boundary.We need to explore,reflect and summarize the theoretical problems and its implementation paths.This paper applies the methods of literature research,empirical research,induction and summary,comparative analysis to research and analysis the historical evolution,rationality and necessity,the restrictive factors of implementation and the realization path of "three rights division",the rights subject,the right boundary and the relatio nship between each other of "three rights",etc.This paper attempts to systematize the study so as to achieve a systematic understanding and grasp of the system of "three rights divided".It is necessary to construct reasonable theoretical principle and lo gical premise for the implementation of the "three rights division" system,to promote the relevant legislative norms of the rural land property right in our country,and to promote the implementation of the reform of the rural contracted land system.