Research On The Circulation Of Farmland Management Right Under The Background Of Three Rights Division Separation

The Central Committee for deepening Reform has clearly requested that,on the premise of insisting on the unchanging nature of collective ownership of rural land,we should actively promote the separation of the right to contract and manage agricultural land,and form the ownership and contracting rights of agricultural land.The main purpose of deepening the reform of farmland property right system is to realize the scale of agriculture in our country.In order to change the present situation of agricultural management and reform the management mode,the separated farmland management right will be transferred to the market economy after the separation of the three rights.Make every effort to make the market complete the optimization of farmland management resources Configuration.After a period of effort,some achievements have been made in the transfer of agricultural land management rights in our country,but it is still mainly concentrated on the return of rent and reverse,leasing and subcontracting.In the process of exploring the new circulation mode and management subject,new problems have been exposed that have seriously hindered the circulation work.These problems mainly exist in the unclear farmland property right system in our country.In addition,the lack of supervision after circulation and the conflict of interest between farmland contract right and management right have seriously affected the smooth circulation of farmland management right.It is of great practical significance to pay attention to the problems and causes of circulation and actively seek solutions to ensure the smooth progress of the transfer of farmland management rights.By using the development model of foreign countries for reference,we can improve the existing farmland property right system.To coordinate the conflicts of interests between the right to contract and the right to operate farmland,to speed up the revision of the law on the right to manage agricultural land,to establish a modern agricultural development model,to standardize the procedure of circulation,and to use social capital and the new subject of management to operate the right of management.And coordinate the establishment of intermediary and other service organizations,improve third-party evaluation and farmers security system.This paper is mainly composed of five parts,based on the article path of "discover the problem,analyze the problem,put forward the suggestion",deeply analyze the problems exposed in all aspects of the circulation work and the reasons for their formation.And in the legislation and the improvement of the supporting system to provide their own suggestions.Each part is as follows:This paper discusses the concept of agricultural land management right in our country,and the necessity of reform in our country ' s current economic development and realistic demand,and expounds the important role of the transfer of agricultural land management right into the market.This paper mainly introduces the problems existing in the project of farmland management right transfer,including the contradiction and conflict between the farmland contract right and the management right after the separation of the land contract right and the management right.It mainly involves the distribution of benefits and social security.It also introduces the realization of the legal circulation mode and the singularity of the subject of the legal circulation.In addition,it also introduces the irrationality of the management right in the process of circulation.Finally,the phenomenon of various kinds of interests damage in the circulation of management rights of farmers is put forward.This paper mainly introduces the measures and characteristics of agricultural land transaction in developed countries.Taking Germany,Japan and France as examples,this paper introduces the enlightenment to the circulation of farmland management right in China by paying attention to large-scale operation in the course of legislation,judicature and concrete circulation.The causes of the above problems are deeply analyzed,mainly because of the property of the right to manage farmland in our country at present,the lack of legal norms in the reform of farmland property right system,and the unclear ownership of the property right system.The function of modernization in administrative intervention is not brought into play,the qualification of market subject is limited,the construction of trading platform is insufficient,the government service position is not accurate,and there is the phenomenon of seeking benefits for oneself.In order to solve the specific problems,we provide our own suggestions.We should start with legislation,modernization,the protection system of farmers' interests.In the process of perfecting legislation,we should make clear the ownership of farmland property right and the definition of the subject of the right.And to assist in the operation of the market and the establishment of the circulation of services,improve third-party evaluation,and so on.