Study On Legal Issues Of Agricultural Land Management Rights Mortgage

After published the Farmland "separation of powers" policy, farmers can safely transfer their contracted land management, grant the rent, don’t need to worry any more about losing of the land contract relations. The policy provides a larger flow optimization configuration for land and expends a huge space for function and also forms a diversity of farmland management pattern, with creating the necessary conditions. This thesis mainly divided into three parts is discussed.At first, mainly discuss the status quo and characteristics of agricultural land management rights mortgage. Farmland rights mortgage status mainly from the legislation on the lack of relevant laws, policy guidance, and in front of the land policy of "separation of powers" has been carried out in different pilot areas of farmland management rights mortgage practice two aspects were analyzed. At the same time, through the study of different academic papers and monographs, found the essence on the issues of agricultural land management rights mortgage, but expressed as farmland mortgage the right to the contracted management of land. The land contract and management rights mortgage paper said itself was not rigorous, combined with the status quo analysis, and compared with the farmland contract right of mortgage, through comparing with the land contract and management rights mortgage analysis both in subject, object and different rights of human rights and obligations, summed up the agricultural land management rights mortgage subject, object and the characteristics of the relationship between rights and obligations.Then, mainly discuss how to set up and implementation of the relevant constraints,cleared legal system response to agricultural land policy of "separation of powers". In terms of land management rights mortgage established, put forward the building of the mortgage of the special situations and problems, such as the mortgagor and the mortgagee, the limitation of the assignee, the mortgage of the area and time limit of the contracted farmland involved problems, land management rights mortgage registration, etc. All of these are to be answered in the analysis.At last, mainly discuss the issues related to land management rights mortgage implementation. Found in farmland management implementation, through data access to agricultural land mortgage right implementation issues on one of the few studies, but the problem is of great significance. Although at this stage of pilot areas are basically did not appear the phenomenon of farmland right hypothec realization, but there are still problems with the implementation of land management rights mortgage, to a certain extent, solve the trouble back at home of farmland management of mortgage, obviously have to explore the value. So this article discussed the mortgage right implementation way, legal consequencesproblems.Due to agricultural land management rights mortgage from the nature localization to mortgage elements to the establishment of the mortgage and the farmland right hypothec realization problem has certain relevance, therefore this article through to the analysis of the above problem, this thesis explicitly farmland rights mortgage related issues, it is beneficial to promote the development of farmland management of mortgage system, to improve the current situation of the financing difficulties farmers to solve the problem of agricultural production and operation, is advantageous to the agricultural scale management and promoting rural economic development.