| In 2019,the central No.1 document focuses on the policy guidance on the three agricultural issues,and points out that in 2020,the construction of a well-off rural area is realized,and the agricultural land is the main economic source of the peasants’ life,and the reform of the rights system is the most basic and key reform project in the three rural areas.The policy of "separation of three rights" has been put forward for nearly five years.As the guiding ideology of the reform of agricultural land,there is still an endless stream of arguments about it,especially in the aspect of legal construction,there is no final conclusion at present.This paper argues that the policy of "three rights separation" should be transformed into legalization to ensure the stable construction of farmland rights system and to promote the orderly development of agricultural land reformThe article mainly discusses the legal construction of the farmland "three-right split" ’s right system from the following six parts.The first part,based on the introduction of the background and meaning of the writing,has made a review and comments on the present situation of the domestic and foreign research,and aims at understanding the research course and the leading edge of the domestic and foreign scholars in the farmland rights system.The second part deeply analyzes the historical process of agricultural land reform and the policy meaning and function value of "the separation of three rights",which provides the foundation stone for the later research.The third part mainly analyzes the agricultural land rights system in America,Japan and France,and draws lessons from the relevant experience.The fourth part mainly studies the puzzlement of collective ownership in the three rights,and analyzes the situation of practice and legal principle,and holds that the subject and power of collective ownership are not incomplete,and that collective ownership should be adhered to.The fifth part mainly studies the nature and true meaning of the contract right.According to the theory of right derivation,the essence of the contract right of agricultural land is the contract management right of agricultural land,which is derived from the collective ownership and belongs to usufruct.The sixth part mainly studies the management right,on the basis of the study of the right derivative theory,the conclusion is that the agricultural land management right is derived from the farmland contract management right when the farmland is transferred.According to the multi-level theory of the object of right and the theory of exercise of right,the right of management is defined as usufruct right.By defining the attributes of the three rights,the author defines the powers and powers of the three rights,and finally draws a conclusion that the rural land right system of "the separation of the three rights" should be the collective ownership-the contractual management right of farmland-the management right of farmland.The structure of real right system should be ownership-usufruct-right usufruct. |
