중국 농촌 토지 “3권분할(三權分置)”제도에 관한 연구

Abstract

The reform of “three powers separation”(also called “three powers separation”) is another important policy system innovation that deepened the reform of China's rural land system after the household contract responsibility system. According to Article 9 of the Rural Land Contracting Law of the People's Republic of China (hereinafter referred to as the new Rural Land Contracting Law) amended on December 29, 2018, it is clear that the contractor's land contracting right and land management right can be divided into the land contracting right and land management right, and the legislative expression on the central policy document has been completed. It can be said that the newly revised Rural Land Contracting Law has fixed the achievements of the reform of “three powers separation” of rural land contracting sites at the policy level. In the form of family contract, the peasant households may voluntarily transfer the land management rights to others and retain the land contracting rights, thus forming a new allocation of the rights of “three powers” in agricultural land. The purpose of the three-pronged decentralization reform is to make land flow into the hands of the most needy entity to bring its value into full play. The establishment of a system of farmland rights based on peasant collective ownership, peasant collective membership, peasant household land contracting management and land management rights is helpful to solve the problem of weak agricultural land collective ownership, and to stimulate the property of production factors of farmland, which is in accordance with the purpose of the reform. The implementation of “three powers separation” is the basic direction of China's rural land system, but how to define the relationship of rights between the three powers after separation is still a practical problem that needs to be solved.