Reflection And Reconstruction Of Land Contracting Right Under The Separation Of Three Rights

Since the founding of the People's Republic of China,China's rural land system has undergone several changes,which have had a profound impact on agricultural development in different periods.In recent years,many problems of land contracting and management have gradually emerged in the process of marketization.Therefore,in order to further promote the integration of urban and rural areas and the development of agricultural modernization on the basis of safeguarding national food security and farmers' rights,the 19 th national congress of the communist party of China proposed to vigorously implement the rural revitalization strategy and implement the reform of the system of "separation of powers" of rural contracted land,which pointed out the direction for rural economic development in the new era.Therefore,sorting out the historical context of rural land system evolution and summarizing the experience of land system reform are more conducive to accurately grasping the key links of system practice,so as to actively and steadily promote the central decision-making and deployment,making the land system reform outstanding results.In the reform design of "separation of rights and ownership of three rights",the ultimate ownership of land is Shared by all members of the collective,and farmers enjoy the ownership of land in rural collective,which can fundamentally guarantee the basic status of the socialist economic system and guarantee the equal rights and benefit sharing of all social members.The long-term and stable determination of the right to contract land to each peasant household will be more conducive to ensuring the basic life of rural collective members from being infringed,and eliminating farmers' worries in the process of urbanization.The free circulation of land management rights through market transactions can bring about the scale and modernization of agricultural production,maximize the value of land and improve the efficiency of agriculture.In fact,ownership,contract right and management right correspond to equal sharing,bottom line guarantee and economic efficiency respectively.With the establishment and improvement of the farmland property right system with clear ownership,complete power and function,smooth transfer and strict protection,these three value appeals will be more and more fully reflected.Reconstructing the right of contracted land management and realizing the parallel of the right of contracted land and the right of management,namely thelegalization of the policy of "separation of three powers",needs to properly deal with the relationship between the uniqueness of China's rural land rights system and the perfection of legislation in the reform.From the perspective of China's agricultural land system,the reform must be based on the framework of "separation of powers",on the premise of adhering to collective ownership of rural land,on the basis of stabilizing farmers' existing rights and status,and on the orientation of property transformation of agricultural land rights.Furthermore,from the legislative level,according to the logic of usufructuary right,the overloaded function of land contractual management right is transferred to land contractual right and land management right,and the structure of agricultural land rights of "ownership,contractual right and management right" is reconstructed.In this way,the realization of the "separation of three powers" of agricultural land must be adjusted,adjusted and reformed by policies and laws.Its core lies in the reflection and reconstruction of land contractual management rights.Specifically,the improvement of legislation and the operation mechanism of rights needs to start from three aspects: first,the basic content of land contractual rights and land management rights should be clearly defined;second,the land contractual rights and land economy should be improved.Third,in the legislative revision to achieve a clear legal expression of farmers' right to contract land and land management,so as to ensure the maximization of the value of rights.