Research on Right Boundary Legal Issues of Farmland Separation of Ownership Rights in Civil Code of the People's Republic of China

Ming Lu

《Frontiers in Humanities and Social Sciences》 1卷8期 (2021/11) Pp. 54-64

https://doi.org/10.29561/FHSS.202111_1(8).0009

摘要

The Civil Code separates rural land ownership, contract right and management right, forming a new pattern of ＂three rights separation＂, which is another important institutional innovation in rural land reform after the household contract responsibility system. However, in the process of the implementation of the separation of the three rights of agricultural land, the rights of ownership, contract right and management right are not clear enough, and the boundary of rights is fuzzy, which makes the implementation of the separation of the three rights of agricultural land face many obstacles. This paper discusses the evolution process, connotation, nature and boundary of the policy of separating the three rights of agricultural land, aiming at clarifying the right boundary of ownership, contract right and management right of agricultural land, implementing the ＂separation of the three rights＂ and promoting the development of rural industries.

關鍵字

Separation of Ownership Rights ； Rural Land Reform ； Land Contracting Right ； Land Management Right

參考文獻

Li: Connotation, practice and breaking of "three rights separation" in rural agricultural land: Based on the practice of agricultural land system reform in 15 pilot counties, Journal of Shandong Agricultural University, Vol.03 (2021), 24-28. (In Chinese).

L. Ou; Z.L. Wang: Evolution and trend of research on the separation of the three rights of rural agricultural land, China's agricultural resources and districts, Vol.05 (2021), 11-16. (In Chinese).

Z.B. Chen: Separation of rural land rights, rights and functions: Function, power and capacity division and system construction, China population, resources and environment, Vol.04 (2016), 135-141. (In Chinese).

Y. Si: Analysis on the subject status of villagers' collective land Ownership, Journal of Henan University of Economics and Law, Vol.02 (2016), 58-65. (In Chinese).