Study On The Issues Under The "Separation Of Division" Mortgage Of Managerial Right Of Rural Land

With the rapid development of its economy,China has made great achievements in its rural economic development.Yet it is obvious that China' s rural economic development is lagging behind that of its overall economic development.China has carried out a series of land system reform with the purpose of changing the relatively poor and backward situation in China's rural areas.At present,China is implementing a new round of land system reform under " Separation of Division" which distinguishes ownership,contract right and management right.This system is another new rural land reform system with Chinese characteristics since the household contract responsibility system.Although the land management right mortgage system has been implemented in many cities and towns across the country and facilitated by the corresponding policies introduced by local governments.Yet its innovative model cannot be promoted on a large scale,and most of the rural areas of China have not yet tried to implement this system because of the lack of relevant legal system support.At the same time,there have been a series of problems such as the missing of legal system,illegal implementation of system and imperfect of corresponding supporting facilities in some areas where the land management right mortgage system had been implemented.This paper is divided into six parts.The first part introduces the background of the thesis and the main purpose and significance of the paper.At the same time,with the help of analysis on the overview of researches abroad and at home,significance of this study is clarified.The second part introduces the basic situation of mortgage of managerial right of rural land under the separation of division mainly by the description of the concept,background and development of the separation of division and the analysis of the connotation of the separation of division.In addition,the opinion of whether the management of rural land should be mortgaged is expressed.The third part mainly introduces the typical mortgage modes of rural land management right in our country,including the introduction of Gansu Minqin model,Ningxia Tongxin mode,Shandong Zaozhuang model and Hubei Wuhan model,and finally analyzes these modes.The fourth part mainly analyzes the existing problems of mortgage of managerial right of rural land under the separation of division in China from the perspective of legislation,law enforcement and corresponding supporting facilities with the help of the description of the typical mortgage modes of rural land management right in our country discussed above.The fifth part puts forward the corresponding measures from the perspective of legislation,law enforcement and corresponding supporting facilities to build Chin' s legal system of mortgage of managerial right of rural land under the separation of division.The sixth part is the conclusion,that is,the brief summary of the full text.Based on the analysis of the background of the right to operate agricultural land under the three powers,this paper analyzes the typical problems and the achievements of the existing rural land management right mortgage on the basis of the relevant analysis results of foreign countries,To study the model for the right to operate agricultural land in various regions of China.