关键词: “三权分置”, 土地经营权, 再流转, 流转方式, 风险风范

Abstract: Under the model of“Separation of Three Powers”, there are three different states of right circulation on rural contracted land,including the overall transfer of land contractual management rights, the initial transfer of land management rights, and the re-transfer of land management rights. Based on its own characteristics, the re-circulation of land management rights has its own unique ways and turnover risks. The ways of re-circulating land management rights include rent, shareholding, mortgage, pledge, etc. The risks of re-circulation include unlimited circulation and excessive capitalization of agricultural land, excessive concentration and circulation default, “non-agriculturalization” and “non-food”. On the basis of clarifying the re-circulation mode, it is possible to try to adopt measures such as regulating and re-transfer the transferee, limiting the amount of land holding, and strengthening the supervision of agricultural land use, in order to realize the system prevention of the risk of re-circulation of land management rights.

Key words: “Separation of Three Powers”, land management rights, re-circulation, circulation method, risk prevention