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The nature and functional connotations of land management right of the third party operators (No 45, 2015)
2015-05-12
Zhang Yunhua, Research Department of Rural Economy of DRC & Li Weiwei, Agricultural Trade Promotion Center of Ministry of Agriculture
Research Report No 45, 2015 (Total 4730)
Abstract:
"The separation of three rights" of land ownership right, contract right and management right is a principal line governing reform of agricultural land system. As a newly-coined independent property right, land management right calls for an urgent need to define its nature and functional connotations. This paper finds that land management right is a creditor's right rather than a real right, belonging to the third party operators in circulation, independent to land contract right, However, based on the internationally accepted practice of turning the leasehold and creditor's right into property right and in light of the need to protect the actual farmers' benefits, there's a need to turn the land management right or the creditor's right into property right so as to reach a proper balance between the land contract right and management right and have the two rights properly protected. The powers and functions of third-party-operator's land management right mainly includes succession of indirect possession, independent paid use, disposal of agricultural products profit and relevant subsidy, recirculation and pledge with the permission of employer and contractor, prevention and elimination of land jeopardy, compensation for properties on land, as well as the obligation to pay due rent without any function change and damage to the land.
