对农村土地“三权分置”法律问题的探讨

Study on the Legal Issues of "Division of Three Rights" in Rural Land

从20世纪80年代的"两权分离"到当前中央提出的"三权分置"政策,都是适应我国农村土地发展的重大变革。文章从分析"三权分置"的政策目标人手,立足政策目标转换为法律价值的问题,提出为保障集体经济组织、农户、新型农业经营主体的平等权利,应设置用益物权性质的经营权并对不同主体的权利内容进行了分析和探讨。

From the ＂separation of the two rights＂ system in the 1980s to the present policy of ＂the division of three fights＂, which was a significant change to adapt to the development of rural land in China. Based on the analysis of the goal of the ＂division of three fights＂ policy and converted into legal value, this paper started with the analysis of the goal of the ＂division of three fights＂ policy. In order to protect the equal rights of collective economic organizations, households and new agricultural management entities, it is suggested to set a nature of the fights of usufruct in management right. And then it analyzed the rights of different subjects under this management fight.