Research On The Mortgage Legal System Of The Right Of Rural Land Contracted-management

After the Third Plenary Session of the eighteen meeting, the CPC Central Committee decided to on deepening reform of the overall number of major issues raised of giving farmers contracted land possession, use, income, transfer and contract management right mortgage, hypothec, then the state proposed the" Three Rights Separation "policy, which caused the practice and theoretical circles strong response caused by the law on the mortgage of land contract management right legal system discussion. Scholars have expressed themselves on the mortgage of land contract management right theory and attitude, cannot form a unified view. At the same time, around the pilot in like a raging fire, take a different model and the introduction of the corresponding provisions. On this occasion, I would like to express their views through their own research, in order to modify the future legal system provide modest.This paper is divided into five parts. The first part mainly introduces the background, main research contents and significance of research and the research methods. The second part discusses in detail the land contracting right of management and the mortgage of land contract management right system, mainly including the definition of the mortgage of land contract management right legal characteristics the law, history and legal basis. Among them, in the legal basis, I by the newly proposed and three right aroused heated discussion of "split" theory are analyzed. The third part introduces Japan, Germany and the United States and other developed countries of the legal system of rural land mortgage, and accordingly summary out of our country farmland mortgage legal system reconstruction significance. The fourth part is the core of this paper, a detailed analysis of the specific rules for the reconstruction of the mortgage of land contract management right legal system Setting and related system establishment and perfection. The fifth part of the full text summed up, the inadequacies of the study and emphasize. The innovation of this paper lies in and not blindly follow the "three powers separation" theory, but the were a rational legal analysis, of course, in the research and related to the expression of still greater progress space, I hope in the future of continuous learning and teachers help guide to the mortgage of the right to land contractual management in the legal system of constantly moving forward.