On The Legal Construction Of The Separation Of Land Contract And Management Right

In the "separation of powers",the starting point of the scholars is a subjective desire,not practical,that is,through the separation of the right to operate alone to promote the rural economy,improve farmer income,but also hope to be able to contract Right also placed in the hands of farmers in order to achieve the purpose of ensuring the survival of farmers.These scholars are only pre-set the right to operate and contract the separation of the necessity,but the academic community did not demonstrate the separation of the two operability,but did not involve the separation of the two paths.But management academics and economists have increased their influence by turning their theory into a policy by virtue of their role in economic reform.Naturally,the theory becomes "axiom".But it is irrevocable that the question of rights in the final analysis is a legal issue that requires the legal profession to play its due role.The researcher of legal theory should explore the integration of theoretical research and practical experience.We should understand the practical need for law to help,so as to arrive at the actual theoretical research results,thereby enhancing the status of the legal profession.Therefore,only through the deepening to the grassroots level,the theoretical circles can grasp the realistic background and practice,analyze the system cooperation and the existing system defects needed in the current practice.Through the analysis of the local normative documents,To reach a theoretical consensus.To this end,this article is divided into five parts,the land contracting and the right to operate after the separation of the legal structure of the problem:The first chapter summarizes the theory of separation of land contract and management right,and introduces the foundation,necessity and function of separation.Land contracting rights and management rights in the rights of the property is very different,such as the right of the main body,the content of rights and relief methods.This is the most important prerequisite for the separation of the two.And then the need for the separation of the two had been expanded,such as easy to cause theoretical confusion,resulting in the overload of land contract management functions,etc.,to show the reality of the two conditions and needs.Finally,a brief analysis of the separation of the two functions,indicating that the separation of the two can not only make up for the lack of existing laws to meet the needs of reality and so on.The second chapter analyzes the legal status of land contract management right.First of all,in the current legal framework and practice,the rights were analyzed and studied.Secondly,after the separation of land contract right and management right,there is a brief analysis of whether there is a corresponding right form in the current law.The third chapter constructs the right system after the land contract right and the management right are separated.After clarifying the power structure of the two,the nature of the two is analyzed,creating the conditions for the legal structure after separation,whether the two rights should be reestablished,and how the functional orientation of the two Sure,the author is to be analyzed.The fourth chapter mainly constructs the system of land contracting right and the separation of management right.The author divides the circulation system stipulated in the current law and the national policy,and divides the circulation system into three kinds,namely,the circulation of the right,the circulation of the contract right,the right of management circulation.The fifth chapter mainly analyzes the construction of the relevant supporting mechanism after the separation of land contract right and management right.The author mainly analyzes the two aspects of interest coordination mechanism and problem prevention.The former is mainly divided into macro level and micro level.The latter is mainly to prevent the use of industrial and commercial capital for agricultural land and non-agricultural use.