Research On The Institutionalization Of "separation Of Three Rights" In Agricultural Land

The problem of rural land is the key factor to solve the "three rural" problem.Under the background of "separation of human and land",the "separation of three powers" is to further deepen the reform of rural land in China,to protect the rights and interests of farmers more comprehensively,and to promote the development of agriculture and rural areas.In October 2016,the general office of the CPC Central Committee and the general office of the State Council officially promulgated the opinions on improving the measures for the separation of management rights of rural land ownership contracting right,putting the "separation of three rights" on the stage of rural land system reform.This paper uses the methods of historical research analysis,comparative research analysis and literature research to study how to realize the institutionalization of "Three Rights Separation" of agricultural land from the perspective of policy,theory,practice,laws and regulations.First of all,the basic concepts of agricultural land,"separation of three rights" and "separation of three rights" institutionalization are clearly defined,based on the theory of property rights and land rent,which provides theoretical support for the study of this paper.Secondly,find out the institutional problems and practical problems in the institutionalization of "Three Rights Separation",such as unclear property rights,lagging laws and regulations and imperfect supporting mechanisms.Thirdly,the best way to institutionalize the "separation of three rights" is "collective land ownership equity usufructuary right";according to the path,further institutional arrangements are made for land ownership,land contracting right and land management right to protect the integrity of all rights.Finally,by strengthening the construction of legal system,improving the construction of institutional carriers,increasing publicity and training,and establishing risk prevention mechanism,we can accelerate the institutionalization and normalization of the "separation of three powers".