Legal Construction About Land Managerial Rights Under The Separation Of Three Rights

The rural land policy with the separation of the three rights has a clear guiding role,whose purpose is to make the land management rights originally included in the land contract and management rights independent,and then transfer them in a market-oriented way,breaking the identity constraints and financing restrictions of the original rural land rights system.The clear nature of land management right is the starting point of legal construction.The author thinks that to solve the insufficiency of creditor's rights in the practice of land management right,we should give it the property of usufructuary right.Land usufructuary right attribute,to better safeguard farmers' economic income and the contracting freedom,solve the problem of lack of collateral,at the same time can in circulation period and free flow,independent operation,the level of security on behalf of the interests of the land management of people,at the same time,more can promote the registration of land rights system,speed up farmland transfer,reduce the phenomenon of land pastureland.The subject of land management right should not set strict access conditions,otherwise many subjects can not effectively participate in the practice of land management right transfer.The access of the subjects of land management rights should adhere to the principle of voluntariness and equality,and the key to maintaining the safety of agricultural production lies in the supervision of the post-agricultural operation,and the right of supervision should be given to the land contract and management right and the relevant departments.Natural person and scale operation entity can become the subject of land management right through legal action as long as they have the qualification of agricultural operation.As the subject of land management rights,natural persons should have the identity of farmers.Large-scale operators include large farmers,family farms,farmers' cooperatives,farmers' enterprises,etc.For the sake of land security,foreign-capital enterprises should be restricted more strictly than ordinary subjects.The construction of the power of land management right is still to be specifiedunder the four power functions of possession,use,benefit and disposal,so as to distinguish it from the power of land contract management right.The direct possessory power is the foundation of the other three powers to distinguish the indirect ownership of the land that has been transferred by the land contracting and operating personnel;The independent management right can guarantee the land management right person to carry on the free production arrangement within the right boundary.The right of operating profit can be used to protect the economic interests of the landowners;Limited disposal power is the further circulation of land management rights and mortgage financing becomes possible.The change of land management right is the whole process from establishment to elimination from dynamic and vertical Angle.The main body of the establishment of land management rights is the land contract right holder,and the way of establishment is registration.After the establishment of land management rights,the land contract right holder can operate them by itself or transfer them out.The transfer mode includes transfer,mortgage and shares.When the term of the agreement for the transfer of land rights expires,the contract is terminated by the land contracting operator in accordance with the law,the land management right is abandoned by the land management operator,and the land is lost,etc.,the land management right is eliminated,and the property right becomes effective after the cancellation registration.