Path selection of land management right registration under the background of"three rights separation"
In the context of the"three rights separation"of farmland rights,the definition of the nature of land management rights is crucial to the structure and exercise of these rights,and has significant implications for subsequent reforms and the improvement of these rights.Scholars have developed two theoretical viewpoints on the registration of land management rights:the registration of creditor's rights and the registration of real rights.In terms of its property attributes,the registration of claims on land management rights as a contractual right lacks theoretical basis and is not feasible in practice,unable to provide substantive protection for right holders.The construction of a market for land resources requires a powerful real right system to provide institutional support,and the real right attribute of land management rights provides a theoretical basis for their inclusion in the real estate registration system.The establishment of a path towards registration as a real right has strong institutional and legal foundations,which not only complies with the internal requirements of farmland reform,but also fits with China's established and implemented real estate registration system.
three rights separationland management rightregistration pathunified registration of real estate
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