Abstract:The core of the reform policy of“Three-Right Separation”of rural land is to set up management right of rural land
separated from contractual management right of rural land, so the original intention and motivation of the reform policy
need to be comprehensively clarified.The functions of management right of rural land in general can be summed up as keeping
stable expectation, circulation of land contract and management rights freely, and meeting the demand for mortgage financing
to expand its production; meanwhile, protecting the original holder of contractual management right of rural land still to
retain, control and gain.Taking the management right of rural land as the reform goal, “Three-Right Separation”of rural
land should pass through the three check:the first is the value orientation check; the second is the systematization check;
the third is the practice check.It is found that this system design can not successfully go through the three
check.Theorists need to uphold the pragmatic attitude and innovative theory, and improve the rural land contract management
rules.
耿卓. 农地三权分置改革中土地经营权的法理反思与制度回应[J]. 法学家, 2017, 0(5): 13-24.
GENG Zhuo. Legal Reflection on and Institutional Response to Rural Land Management Right in the Reform of“Three-Right Separation”of
Rural Land. , 2017, (5): 13-24.