农村土地三权分置由两权分离演化而来,并成为了新一轮政策的选择和改革的方向。在未流转时,保有所有权和承包经营权;在流转时,实行所有权、承包权、经营权分置乃是三权分置的应有之义。从民法角度出发,可在权能分离论、分离基础、诉求回应、土地所有权现代化以及物权法趋势等多个方面为分置提供具体的依据。承包权和经营权的物权化符合事实和法理,更利于满足现实需求、促进农地流转、推动农业现代化。将所有权、承包权、经营权分置虽为良好路径,但仍有诸多问题尚需解决,法律规范的完善、农民集体地位和土地产权的明确、经营权流转机制的建立等都需提出科学的应对举措。 The separation of the three rural land rights has evolved from the separation of the two rights and has become the direction of the new round of policy choices and reforms. In the absence of circulation, the ownership and the right to contract management are retained; in circulation, the separation of ownership, contracting rights and management rights is the proper meaning of the separation of powers. From the perspective of civil law, it can provide specific basis for the division in the aspects of the separation of powers, the basis for separation, the appeal response, the modernization of land ownership and the trend of property law. Contracting rights and the right to operate the property in line with the facts and jurisprudence, but also conducive to meet the actual needs, promote the transfer of farmland, and promote agricultural modernization. Although the separation of ownership, contractual rights and management rights is a good path, there are still many problems to be solved. The improvement of laws and regulations, the collective status of peasants, the clarification of land property rights and the establishment of the circulation mechanism of franchise rights all require scientific Responding to the move.