Author(s)

Wei Tang

Corresponding Author

Wei Tang

Abstract

The rural land new policy of “separation of three rights” ,namely, rural land collective ownership, land contracting right and land management right, has outlined the future ideals for the reform of rural land rights system in China, but it still faces legal obstacles and problems in practice. Theoretical breakthroughs and institutional compatibility should be actively sought, which includes exploration of theoretical breakthroughs in the connection between the "three-right separation" and traditional concepts of civil law, compatibility of the separation with other agriculture-related legal systems and reforms of political and economic system as well as balance of interests among various entities. The institutional innovation to realize the "separation of three rights" includes upgrading of the legal rights structure of rural land contracted management rights, cultivation of new agricultural business organizations with their own core assets, promotion of the construction of financialized systems of rural land and pilot trials and building of mechanisms for supervising rural land transfer and preventing legal risks.

Keywords

Separation of Three Rights, Land Management Rights, Farmland Transfer