Research On Inheritance Of Rural Land Contracting Rights Under The "three Powers Division"

The rural land contract-management right is a very important property right for farmers,and whether it can inherit is closely related to the vital interests of farmers.With the development of the rural economy,the contract-management right is divided into the contract right and the management right to practice,of which more and more management rights are transferred out.In order to comply with the wishes of farmers to retain the contract right and circulate the management right,the central government has formally proposed the separation reform direction of the three types of rights within the ownership of farmland,the contract right and the management right,and issued a series of related documents.On this basis,the author believes that the discussion of whether the inheritance of rural land contract-management right can be transformed into a discussion of whether the contract right can be inherited is more in line with the spirit of the central land reform.Because our country's current law slightly involved the inheritance of rural land contract-management right but has no clear and detailed provisions of it,there has been an argument about whether the right can be inherited in the theory,and it also brings difficulties to the judicial practice.Therefore,the inheritance of rural land contract right is an urgent problem that needs to be solved both in law and in practice.Today,according to the requirements of the central government on the reform of rural land,"stable rural land contracting relations and maintain long-term stability" and the separation reform direction of the three types of rights within the ownership of farmland,the contract right and the management right,it is a good time to discuss the inheritance of the land contract right.As the land contract right is based on the proposition of the separation reform of the three types of rights to separate out,therefore,this paper first elaborates the connotation of "the separation reform of the three types of rights" and the land contract right on "the separation reform of the three types of rights",at the same time,analyzes the necessity of inheritance of rural land contract right under "the separation reform of the three types of rights".Then,analyzes the judicial status of rural land contract-management right inheritance dispute case trial of collective ownership and the land contract-management right "two rights separation" and summarizes the existing problems by combing and summarizing the Judicial Adjudicative Document of 2016 from the China Judgments Online.According to the above analysis,the author believes that the proposition of the land ownership,the contract right,the management right "three rights separation",and the policy requirements "stable land contracting and maintain long-term change" that the central government has always adhere to,and the change of farmers' understanding of land function in the continuous development of the ruraleconomy,all indicates that the inheritance of land contract right is the best choice for the spirit of central land reform;advancing with the times;maximizing the value of rural land and protecting the interests of farmers.Finally,on the basis of the above analysis,this paper concludes the existing barriers that the inheritance of rural land contract right under "the separation of the three types of rights" has and puts forward the way to overcome it,hoping to make a contribution in the new round of rural land reform.