Discussion,Refution and Analysis on "Separation of Three Rights" in Rural Collective Land Property Rights Taking the Opinion to Reserve the Operation Rights of Land and to Transfer the Management Rights of Land during the Transferring of Operation and Management Rights of Land as Example

Transfer of the contractual right of land has been a hot spot in rural land issues evenThree Rural Issuesresearch in the academe.At present,it is generally believed by the economists that;in the transfer of the contractual right of land,the rural collective land property rights are separated into three rights. Firstly,it is the ownership(of land);secondly,it is the contract right(of land);finally,it is the management rights(use rights)(of land).That is namely theseparation of three rightstheory.This paper focus on the transfer of contractual land management rights and points out the main problems caused by such view that the content of the transfer of contracted land management rights can be defined as farmers reserve contract rights(of land) and transfer use rights(of land):(1) the land contract right cant be juxtaposed with the ownership and contractual right of land because of their different levels of nature;(2) the right meaning of land management right can't be either defined,or a statutory civil right;(3) the right meaning of land use rights is neither set,nor defined;(4) contractual right of land is a integrated civil right,cant be divided into contract right(of land),management right(of land) or use right(of land ); (5) the management right(of land) is not included in the rights obtained by the buyer.Meanwhile,associated to the definition of the meaning of transfer of the contractual right of land,separation of three rights of rural collective land property rights prove unscientific.