Study On The Mortgage Rules Of Farmland Management Right

For ordinary farmers,the land is their basic production and living materials.For the country,economic development is inseparable from the material basis of agriculture.The CPC Central Committee issued a document from the policy point of view,aimed at promoting the transfer of rural land,from the 2014 "Central No.1document" allowing the contractual land management right to mortgage financing for the first time.The state from the policy level to achieve the legislative ban on cultivated land management rights mortgage breakthrough.Because the farmland management right mortgage collocation is still in the pilot stage,the current research about the right of agricultural land management lacks of research on the specific mechanism of agricultural land mortgage.Based on the actual situation and the special nature of the object of the right to mortgage land,the mortgage rules of the rural land management right,which are specific in terms of the subject of the mortgage,the object,the setting and the way of realization,cannot be covered by the general mortgage rules.How to make the mortgage of land management right can be expressed affirmatively in law is the focus of our current discussion.Therefore,it is of great significance to study the mortgage rules of agricultural land management right.In addition to the preface and the text,The text of this paper is divided into three parts to discuss.The first part mainly introduces the definition of farmland management right and mortgage related concepts,and analyzes the connotation of farmland management right and the particularity of mortgage of farmland management right.Through the combing of literature and pilot,determining the connotation of farmland management right.In addition,this part defines the nature of the right to operate the agricultural land,recognizes the nature of its property rights,and puts forward the analogy of the applicable property rights on the existing legislative defects,which lays the foundation for the construction of the mortgage system of agricultural land management right.The second part mainly introduces the establishment and restriction of the mortgage right of agricultural land management.On the basis of combing the judicial precedent,In the rules set,regulation should be focused on the point of dilemma,covering disputes in practice from the perspective of the norms.Through the internal legal relationship of the right to operate the agricultural land to be combed,the special rights and obligations of the subject of the land management right are analyzed and the balance of interests is sought.The analysis of the mortgage of the management right of agricultural land clears the scope of land management mortgage.Discuss andimprove the establishment of land management right mortgage rules on its contract and registration,making certain restrictions.The land use right of the right to register the registration of the effective mode of registration,and certainly analogy applies to the limited application in the mortgage registration.The third part mainly introduces the realization of the mortgage right of agricultural land management right.On the basis of the realization condition of traditional real estate mortgage,this paper adds the realization condition of bankruptcy of agricultural enterprises.In light of realized methods,the mortgage can be divided into general and special ways of realization.According to the characteristics of farmland management right,it is put forward that the function of special procedure of the security right should be strengthen when realizing mortgage right of farmland management right,and play the superiority of compulsory management implementation.