A Study On The Inheritance Of Rural Land Management Right Under The "separation Of Three Rights"

The survival and development of mankind must be based on a variety of material conditions,and land is one of the necessary and indivisible important factors,and the process of how man distributes and uses land reflects the track of the development of world civilization.Although productive forces promote the change of social types and the evolution of civilization,the improvement of productive forces must be based on the scientific and reasonable land distribution system.How to properly deal with the allocation between farmers and agricultural land is not only an important part of rural issues,but also related to the realization of the goal of building a well-off society in an all-round way in China.The disadvantages of the old "separation of two rights" agricultural land system are becoming more and more obvious,which are mainly manifested in the bundle.The free transfer of bound farmland leads to low utilization rate of agricultural land,which makes it difficult to realize large-scale operation of agricultural land,and finally reduces the effect of agricultural land.Based on the actual situation in rural areas of China,the CPC Central Committee has put forward a new type of agricultural land system of "separation of three powers" : with the help of market operation,the efficient allocation of agricultural land resources can be realized by activating the right of management of agricultural land,thus laying a foundation for the modernization of agricultural management.In terms of the structure of the "separation of the three rights",the nature of the land management right,and the possibility of inheriting the land management right,there is still a heated debate in the academic field,which still cannot be agreed upon.The newly revised Law of the people's Republic of China on Rural Land contract(hereinafter referred to as "Law on Rural Land contract")has responded to some views of the academic community: it is clear that the nature of the right to land management is creditor's right and benefit to use.The dualism of the right of property,But there are still some deficiencies: the new law stipulates the duality of the land management right,but there is no clear distinction between the land management right ofdebt and the property right of use,and the nature of the right of management cannot be accurate.Expression,it will inevitably cause problems in the process of inheritance.Following the spirit of the reform of agricultural land system and combining with many academic viewpoints,the author firstly analyzes and defines the legal structure of the separation of "three powers" with the help of the contents of different disciplines,and clarifies the relationship among the three,and emphasizes and demonstrates the nature of the real right of the management right of land.Finally,it demonstrates the inheritable nature of farmland management right and the problems that may occur in the process of inheritance,and tries to find a reasonable solution in the existing practical law.