What is the “three rights separation” of rural land, related to the vital interests of every villager

2022-08-04 0 By

What is the “three rights separation” of rural land, related to the vital interests of every villager!First of all, we need to understand clearly what the three powers are.The so-called “three rights” refers to the ownership of rural land, contract rights, management rights.Now, let’s look at these three types of interests in detail, and see how they differ and relate to each other.Let’s take a look at land ownership first. China’s Constitution stipulates that “land in rural areas and urban suburbs, except for those belonging to the state as stipulated by law, belongs to collectives”.The Civil Code stipulates that rural collective land “belongs to the collective members of the collective”.Therefore, the ownership of rural collective land belongs to the collective, and the rural collective economic organization enjoys the right to possess, use, profit and dispose of the land.Next, we take a look at the land contract right, the so-called land contract right is contracted land transfer from the land contract management rights separated out, there are two conditions to obtain the contract right: the first is to have the membership of the collective economic organization;Next it was to sign contract land contract with original contractor.In the case that the contracted land has not been transferred, the contractor owns the contracted land management right, both contracting and operating.In the case of contracted land transfer, the contractor has the land contract right, but only contracts but does not operate, and the management right is not transferred to a third party.Speaking of land circulation, the following is naturally involved in land management rights.The so-called “land management right” means that after the contractor transfers the contracted land to the third party for use by means of leasing or if, the land management right is transferred to the third party accordingly. For the land management right owner, he needs to pay a certain consideration to the contractor so that he can use the contracted land for production and operation and obtain benefits.However, the agricultural use of the land cannot be changed.The separation of ownership rights, contract rights and management rights of rural land, on the one hand, optimizes the allocation of agricultural resources and promotes the full use of things, on the other hand, it also improves the income of villagers, which is conducive to solving the problem of moderate scale operation and intensive operation of agriculture and the development of modern agriculture, saving into the two-way development of agriculture and rural areas.