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Yilong, Wu --- "The legal logic, policy interpretation and alternate system of “the division of three rights”" [2019] ELECD 296; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2019) 1

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN: 9781788976732

Section: Chapter 1

Section Title: The legal logic, policy interpretation and alternate system of “the division of three rights”

Author(s): Yilong, Wu

Number of pages: 25

Abstract/Description:

The rural land rights system which has persisted in the separation of the ownership, contract right and the right of management seems to be a self-evident axiom because it has as its theoretical basis the theory of defense, the operation in practice and the support of policies. But the theory of “separation of three rights” is faced with many difficulties: legal logic is upside down; policy interpretation is in doubt and many problems exist in practice. The root of the trouble is the security function and the properties of this function; the values of fairness and efficiency are set in the right to the contracted management of the land system, and different degrees ignore the function of the collective land ownership system. The direction of the reform should take the path of holistic thinking, reviewing and constructing the land rights system function design and mutual assistance between different systems. The particular way should be to improve the power of the nature of the right to the contracted management of land property rights, making these real property rights; under the framework of collective land ownership an enriched member right should have properties, making it a reliable protection foundation, and should actively follow up in supporting the security system.