关键词: “三权分置”, 土地经营权, 处分权能, 流转方式

Abstract: The scientific setting of the transfer mode of land management rights directly affects the effect of the reform of the "three rights separation" of agricultural land. From the perspective of jurisprudence, the "lease （subcontracting）, shareholding or other" provisions on of the transfer of land management rights in Article 36 of the Rural Land Contracting Law are too vague, which not only lacks legal support, but also obstacles to the maximum exertion of disposal rights of land management, which is seriously contrary to the functional orientation of the land management right. In order to improve the system of land management rights circulation, the legislative spirit guidelines for strengthening the property rights of agricultural land should be upheld on a macro level, the relevant content of Article 36 of the Rural Land Contracting Law should be revised microscopically. Meanwhile, it is suggested to achieve comprehensive institutional planning through comprehensive measures such as improving the registration rules for land management rights.

Key words: three rights separation, land management rights, disposition power, circulation mode