关键词: 人口城镇化,退出农村地权,三权分置,特别法人

Abstract: As a supporting measures of population urbanization, farmers voluntarily quitting of their rural land rights has discrepancies with the existing legal system in terms of scope of application, voluntariness and compensation standards. This reveals the lack of ability of the existing real right system to respond and adjust the dual differentiation tendency of the rural land right system towards the identity type and market type, which is driven by the development of rural market economy. It also reflects the dilemma of balancing the interests between the farmers who have changed their identities and the non-agricultural subjects encountered by local governments in the process of promoting population urbanization. Through the reform of separation of the three rights of rural land with the help of reorganizing rural collective organizations into special legal persons, the operational right can be prompted to separate from the traditional right to contracted management, and the transform of the residual contracting right into the legal person member right can be realized, then a new benefit distribution scheme can be formed, in which the farmers who have changed their identities can quit their operational rights with certain compensation and at the same time they can conditionally keep their legal person member rights. This can serve as a way out for farmers to voluntarily quit their rural land rights in the context of population urbanization.

Key words: population urbanization; to quit rural land rights; separation of the three rights of rural land; special legal person