This chapter elaborates on the system of land contractual management rights and land management rights in China. It defines these rights as usufructuary rights within the civil law framework, highlighting their critical role in ensuring food security and rural livelihoods under the household-contract responsibility system. The text traces their historical evolution from the collective era to current reforms, emphasizing how the separation of ownership, contract, and management rights (“separation of three rights”) aims to facilitate large-scale modern agriculture while protecting farmers’ basic interests. It discusses the practical necessity and legal challenges of establishing land management rights as distinct usufructuary rights to enable financing and transfer, reflecting the ongoing reform in rural land systems.

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Rights to Contractual Management of Land

  • Jianyuan Cui

摘要

This chapter elaborates on the system of land contractual management rights and land management rights in China. It defines these rights as usufructuary rights within the civil law framework, highlighting their critical role in ensuring food security and rural livelihoods under the household-contract responsibility system. The text traces their historical evolution from the collective era to current reforms, emphasizing how the separation of ownership, contract, and management rights (“separation of three rights”) aims to facilitate large-scale modern agriculture while protecting farmers’ basic interests. It discusses the practical necessity and legal challenges of establishing land management rights as distinct usufructuary rights to enable financing and transfer, reflecting the ongoing reform in rural land systems.