| In 2013,the third plenary session of the 18 th Central Committee of the Communist Party of China was held as scheduled.At the meeting,the great idea of "separation of the three rights" of land was clearly put forward.From now on,the management right of land under the "separation of the three rights" began to enter the stage of history.After five years of development.After five years of development,by the end of 2018,China passed the "Decision on Amending the Rural Land Contracting Law of the People’s Republic of China ",which clearly put the concept of "separation of the three rights" into the scope of legalization,and stipulated and explained the relevant provisions of land management rights in the new "Land Contracting Law".On May 28,2020,the Civil Code of the People’s Republic of China was formally adopted,which included land management rights in the category of real rights.Under such a background,this paper starts from the concept and basic characteristics of land management right to carry out related research,based on the characteristics of real right and creditor’s rights of land management right and other controversial qualitative characteristics of in-depth analysis,proposed the problems existing in the application of land management right system.The study found that the land acquisition and transfer system,financing guarantee and the destruction of the system from three aspects,there exist certain problems,and according to the problems from land acquisition and transfer system,financing guarantee aspects of land management rights and rights to land and eliminate the system puts forward Suggestions on the perfection of the land management system.The first part of this paper is the introduction of the full text,focusing on the background and significance of the paper,research status at home and abroad,the innovation of the paper,research content and research methods and other issues.The second part mainly describes the concept and basic characteristics of land management right,focusing on the definition of land management right,the concept of the generation of land management right,the connotation of the definition of land management right and the connotation of the transfer of rural land management right.The third part mainly elaborates the problems existing in the application of the land management right system,and focuses on the analysis of the problems existing in the acquisition and circulation system of land management right,the financing guarantee of land management right and the elimination system of land management right.The fourth part mainly puts forward some suggestions on perfecting the system of land management right according to the specific problems existing in the third part. |
