土地改革之“三权分置”入法及其实现障碍的解除

陈小君

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March 2019

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Citation: Xiaojun CHEN. The Reform Policy of Farmland “Separation of Powers” Written into Law and Its Relieving Obstacles in Enforcement[J]. Academic Monthly, 2019, 51(1): 87-95. shu

The Reform Policy of Farmland “Separation of Powers” Written into Law and Its Relieving Obstacles in Enforcement

Xiaojun CHEN

Abstract

The policy of farmland ' separation of powers” written in to law is related to the amendment of The Law of Rural Land-Contracting, as well as the compiling of the chapter of real right in civil code. But the relationship between the second text of Amendment of Rural Land-Contracting Law and the chapter of real right in civil code has not been properly settled, and the law-makers have not thoroughly understand the meaning of the policy in their designing of laws and regulations. The designing of the system in the said text is not conforming to the norm in making law. The basic principles of the dichotomy of substance and debt in civil code are mixed up, the system of law and the requirements of coordination are neglected, and the attitude for systematical solving the practical key problems in rural areas is less emphasized. The route of law-making for ' separation of powers” policy of farmland is an effective connection to the essence of ' realizing collective ownership”. It is important to re-emphasize and further establish the status of land-contracting management right, to define exactly the content and nature of the land management right, and to provide lawful support for financial guarantee urgently-needed in large-scope farmland-operating.
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沈阳化工大学材料科学与工程学院沈阳 110142

The Reform Policy of Farmland “Separation of Powers” Written into Law and Its Relieving Obstacles in Enforcement

Xiaojun CHEN

Available Online: 2019-01-01

Abstract: The policy of farmland ' separation of powers” written in to law is related to the amendment of The Law of Rural Land-Contracting, as well as the compiling of the chapter of real right in civil code. But the relationship between the second text of Amendment of Rural Land-Contracting Law and the chapter of real right in civil code has not been properly settled, and the law-makers have not thoroughly understand the meaning of the policy in their designing of laws and regulations. The designing of the system in the said text is not conforming to the norm in making law. The basic principles of the dichotomy of substance and debt in civil code are mixed up, the system of law and the requirements of coordination are neglected, and the attitude for systematical solving the practical key problems in rural areas is less emphasized. The route of law-making for ' separation of powers” policy of farmland is an effective connection to the essence of ' realizing collective ownership”. It is important to re-emphasize and further establish the status of land-contracting management right, to define exactly the content and nature of the land management right, and to provide lawful support for financial guarantee urgently-needed in large-scope farmland-operating.

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通讯作者: 陈斌, bchen63@163.com

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