Research On The Legal Construction Of Land Management Right Under The Background Of Separation Of Three Rights

With the development of society,a large number of rural labor forces have flowed into cities,resulting in a large amount of land being idle,hindering the development of the rural economy.The rural land system under the household contract responsibility system has been unable to adapt to social development.In order to make the idle The land is transferred and used reasonably,forming a large-scale operation,and the separation of powers policy has emerged at the historic moment.The basic content of the separation of the three powers is to uphold the collective ownership of rural land,stabilize the farmer’s right to contract,and release land management rights.The release of land management rights is the core content of the separation of the three rights,and the release of land management rights requires the separate establishment of land management rights,so the separation and establishment of land management rights is the core of rural land reform.From the perspective of legal theory research,the legal construction of the land management right system is the core of land management right research.To study the land management rights,we must first sort out the relationship of related rights,define the legal nature of the rights,and then carry out the law construction.In the relationship between the three rights,collective land ownership is a basic right,land contractual management rights are rights generated on the basis of collective land ownership,and land management rights are rights generated on the basis of land contractual management rights.The nature of the land management right is defined as the right usufruct,to ease the conflict between the legal and practical needs of the property right,and to construct the model of ownership + usufructuary right + right usufruct in the agricultural land rights system.Based on this,the land management right is legally structured around the five aspects of the subject,content and duration of the land management right,property rights change and publicity method,mortgage system and legal relief.This article is divided into four parts:The first part is an overview of the separation of powers.First of all,theformation process of the separation of the three powers is introduced from three aspects: the exploration of rural land circulation before the establishment of the separation of the three powers,the formal establishment of the separation of the three powers,and the promotion of the three powers separation policy.The second is the background of the policy of separation of powers.With the transfer of labor force,a large number of rural land has been idle.The original two-power separation land contract management system restricts the development of agriculture.The land needs to be transferred,but it is strictly restricted.The separation of the three powers was proposed in this context.Finally,it is pointed out that the goal of the separation of the three powers is to stabilize the farmer’s land contracting relationship,and then to release the land management rights so that the land can be transferred out and promote the mortgage of the land management rights,so as to achieve the ultimate goal of developing large-scale and modern agriculture.The second part is to analyze the necessity of the establishment of the land management right and the relationship between the three rights in the separation of the three powers,and to sort out the relationship between the three powers is the premise of defining the legal nature of the land management right.The third part analyzes the legal nature and legal basis of land management rights.At present,there are mainly two types of "rights theory" and "property rights theory" about the nature of land management rights.The author agrees with the "rights theory" and believes that it is not only necessary and necessary to define land management rights as the right of property rights.Feasibility also has legal justification.The fourth part is the legal construction of the land management right system,which is the core part of this article.It mainly includes five aspects: main body,content and duration,property rights change and publicity method,mortgage system and legal relief,in order to construct a reasonable and feasible land The management right system enables the separation of the three powers to be better implemented in practice,and promotes the development of large-scale and modernized agriculture.