| The construction of the new type of agricultural management system takes the clarification of the structure of farmland property right as its precondition. Under the premise that the public ownership of land remains unchanged, the structure of farmland property right is based on the collective ownership of land. Under the new type of agricultural management system, the relationship of farmland use should be expressed in law as property right relationship, so as to achieve the goal of "maintaining the long-term stability of the relationships of the contracting of rural land" and, for this purpose, the mainstream doctrine of the so-called dual structure of land contracted management right should be abandoned. The argument that farmland property rights should be constructed on the basis of separation between land ownership, land contract right, and land management right, put forward by the economic circle, distorts the relationship between stabilizing land contract relationship and the transaction of the right to the use of farmland, and is not in conformity with the principle of the establishment of jus in re aliena. As such, it cannot be expressed in law, and is inconsistent with the direction of the reform of farmland system. If the transaction of the right to the use of farmland only has the effect of the law of obligations, or produces the effect of the transfer of property rights, then a free method can be adopted. If the transaction of the right to the use of farmland has the effect of creating real rights, then a compulsory method should be adopted. The constraints imposed by the current law on the transfer of the right to the use of farmland lack legitimacy and therefore should be rectified. |
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