On The Land Management Right Registration System

Land management right is the product of the reform of "three rights separation" of agricultural land.Studying its registration system is conducive to clarifying the relationship between the property rights of agricultural land,and is the institutional foundation for realizing the policy guideline of liberalizing land management right.The registration ability of land management right only has confirmation significance at the level of substantive law,and its registration procedure rules are still in the legislative blank state.The current law fails to form systematic land management right registration rules,resulting in many problems in the process of constructing land management right registration system.It is the key research subject of land management right registration to systematically discuss the different ways of land management right establishment and construct systematic registration rules.The research on the registration system should be based on the logical premise of examining the existing predicament.There are some problems in the land management right registration system,such as fuzzy identification of the nature,unclear definition of the object of registration and improper registration effectiveness mode.In the process of law implementation of the dilution of the nature of land management right,scholars put forward two presets of creditor’s right registration and real right registration from the perspective of interpretation.Although creditor’s right registration is permitted by law in our country,the theory of creditor’s right registration of land management right is inoperable in practice and the way of creditor’s right registration cannot provide substantive protection for the right holder.The real right of land management is the inherent requirement of agricultural land reform.In terms of its nature,the real right attribute of land management right can also be demonstrated through legal interpretation.The real right registration path is more consistent with the right characteristics of land management right,and the rule design of the real right registration path can also meet the systematic demand of unified registration of real estate.Therefore,only by integrating the land management right into the unified registration system of immovable property,can the system supply be provided for the right holders to fully exercise the power and ability of the land management right and protect their interests.The registration rules of land management right can learn from the previous experience of land contract management right,but the difference of the construction system of the two rights makes the design of the registration rules different from the land contract management right.The generation of the right of land management is the result of the exercise of the right of land contract management right,because the object of the right must be determined,the object of land management right registration should be contracted land.From the experience of comparative law,there are various modes of land registration system,but the essential difference lies in the mode choice of registration validity doctrine and registration antagonism.The confirmation and registration of contracted land management rights has been completed,but the establishment and transfer registration of land management rights still follow the antagonism of registration,which lacks consideration of practical factors and will hinder the exercise of land management rights in practice,thus greatly reducing the effect of the reform of reactivating land management rights.Based on the practical demand of our situation,the establishment and circulation of farmland right adopt different real right alteration modes.The establishment of the right of land management by the registration and effective mode is conducive to promoting the unification of the change mode of real property right,and realizing the institutional goal of activating the right of land management in the unified registration of the usufructuary right of land management right.