关键词: 三权分置, 永佃制, 所有权

Abstract: The separation of three rights is a major institutional reform and innovation put forward under the situation of insufficient supply of land ownership structure system with the separation of two rights.“Separation of three rights” means that a number of rights,such as collective ownership of land,contract management right of land and management right of land,coexist on land.Its right structure is incompatible with the strict property right system,leading to many theoretical disputes.The root of the theoretical conflict lies in the incompatibility between the multiple values of land and the ownership system.Based on the consistency between the tenancy in perpetuity system in the traditional society and the separation of three rights in the structure of rights and the function of system,the tenancy in perpetuity system has historical significance in the distribution of land rights and the setting of system.From the perspective of historical inheritance and development,it is advisable to amend and improve the principle of one thing one right to adapt to the development of social reality,set the land management right as the real right and use the inherent vocabulary in practice to solve the problem of linkage between the new and old laws.

Key words: the separation of three rights, the tenancy in perpetuity system, ownership