The key to the separation of the three rights is the nature of land management right.

According to the spirit of the No. 1 document of the CPC Central Committee, the National people's Congress is now stepping up efforts to amend the Rural Land contract Law. This revision of the law is mainly aimed at a series of major policies made by the central government on the stability and improvement of land contracting relations.

Focus on the following issues: one is the separation of rights, land ownership, farmers' contract rights and land management rights. There is no problem for the three rights to give legal status, and there is no problem with land ownership and farmers' contract rights. the key is how to characterize the land management right. Now there are different opinions, some people think that it is the creditor's right, some people think that it is the real right, the reason of the creditor's right is that the land management right is based on the lease contract relationship, without the lease contract, there would be no such creditor's right relationship. It is considered that the real right is deduced from the civil law theory of the continental law system, the land management contract right and the state-owned land management right. The third understanding, some authoritative experts say that according to the length of the contract period to judge whether it is the real right or the creditor's right, the short circulation period is the creditor's right, and the long circulation period is the real right. How to determine the nature of the law must be clear. In addition, the international real right management of creditor's rights is a trend, which is the first need to be clear.

Second, the problem of mortgage financing endowed with the right of land contractual management. The problem now is that if the land management right is defined as a creditor's right, it can not be mortgaged, it can only be pledged or guaranteed.

Third, implement the specific form of land contract relationship that remains unchanged for a long time. Should there be a time limit for the "long-term unchanged" of the land contract relationship? At the beginning of the investigation, there are two views, one is that a time limit should be set, and the other is that a time limit should not be set, especially that the land contract right is a usufruct, that is, a term property right, and the Japanese tenancy right is 55 years. China's civil law tenancy right is up to 50 years, and the length of the term can be discussed, and it cannot be justified without a time limit.

Fourth, there is another important issue. The problem of whether farmers should return the contracted land after settling in cities and towns lies in the inconsistency between policy documents and laws. The original "Land contract Law" stipulates that after farmers settle in small towns, their collective land can not be handed in, but after entering the city divided into districts, the original contracted land should be returned, but the document of the reform of the household registration system of the State Council stipulates that the cancellation of the three rights of farmers should be taken as a condition, contracted land should be returned, homestead should be handed back, collective contract management should be withdrawn, and only after withdrawal can it be settled in cities and towns. Therefore, laws and policies need to converge and converge between the two different opinions. Another view is that it is also a problem not to recover the contracted land at all. people are changing, how can the land remain the same forever? This opinion should be withdrawn conditionally. For example, farmers have settled in cities and towns, have housing and stable sources of income, are fully integrated into the social security system for urban workers or urban residents, have lost the industrial qualification of the collective economy, and are encouraged to return it free of charge during the contract period. it's voluntary. If you don't want to give it back for free, you can withdraw for free, and you can do some compensation for your investment, voluntary return and paid subsidy.