What three kinds of powers does the separation of powers refer to?

The idea of "separation of three powers" refers to the formation of the pattern of separation of ownership, contracting right and management right and the circulation of management right. Under the "separation of three powers", ownership, contracting right and management right have both overall utility and respective functions.

Proceeding from the current reality, the key point of implementing the "separation of powers" is to release the management right, and the core essence is to clearly give the legal status and power to the management right. This is another major institutional innovation in rural reform after the household contract responsibility system. "Separation of the three powers" is the self-improvement of the rural basic management system, which conforms to the objective law that the relations of production adapt to the development of productive forces.

Extended data

The purpose of "separation of powers" is to release farmers' right to manage contracted land and make rural land alive. Therefore, it is necessary to improve the relevant laws and regulations, effectively design the norms of confirming and transferring rights, not only to protect farmers' land rights, but also to improve the system and mechanism needed for moderate scale land management.

After the implementation of the reform of "separation of powers", the land management right will set rights for subjects other than farmers to operate agriculture, occupy and use land, so it is necessary to standardize the rights and obligations related to land management right in legislation. At present, we can improve the relevant legal system according to the different ways of obtaining land management rights.

The management right formed by the cooperative's shareholding. Some local farmers use the contracted management right of land as a share, form cooperatives or partnership organizations, and establish a large-scale management system. In this case, the cooperative or partnership organization obtains the right to operate the land.

This business model has been encouraged and popularized in China in recent years, and the legal basis of this business right has been solved. China's agricultural law, rural land contract law, farmers' professional cooperatives law and other laws have stipulated corresponding provisions.

Management right formed by lease. This type of management right is a lease contract concluded between the management right holder and the collective economic organization or individual farmers according to the relevant provisions of the contract law, so the management right holder has obtained the legally recognized lease right. The contract law has some mandatory provisions on the rights and obligations of both parties to the lease.

For example, the lease term shall not exceed 20 years; A written contract should be concluded for a lease exceeding 6 months, otherwise it will be regarded as an indefinite lease, that is, the parties can cancel the agreement at any time; Wait a minute. If these regulations are followed, the term of land management right will not exceed 20 years; In the absence of a written contract, the right of management obtained by the obligee is uncertain.

The right to operate in the nature of real right. In the legal practice of "separation of three powers", it is necessary to strengthen the property right nature of management right. After the real right of management, it will be very different from the creditor's right lease. The term of this right can span the longest period of 20 years stipulated in the contract law, and meet the needs of the obligee's long-term production and operation.

In addition, defining the management right as a kind of property right according to law also strengthens the ability of this right to enter the market. In China's Property Law, there are already relevant provisions on the establishment of usufructuary right based on usufructuary right. Rights on land generally have a long term, and rights can be set on this basis. As a kind of real right, management right can be incorporated into real estate registration in practice. Whether it is transfer or mortgage, legal operation is more convenient, and it can also bring more secure property income to farmers.

References:

Baidu Encyclopedia-Decentralization

People's Daily-People's Daily: Improve the legal system of "separation of powers"