Research On The Mortgage System Of Farmland Rights—under The Background Of ''Tripartite System Of Farmland''

In the " Tripartite System of Farmland " under the guidance of the policy,in recent years,the pilot areas in the exploration of rural land management right mortgage land management right mortgage has certain practical experience,but also faces some difficulties and obstacles,one important reason is that the land management right mortgage at present there is no clear legal provisions.If we want to carry out the land management right all over the country,we must first design it in the legislative level,so that the mortgage of the management right of the contracted land can be based on the law.However,under the new normal situation of "three rights division" in rural collective land,it is one of the purposes of this research that how to build corresponding legal system to standardize a series of problems such as land management right mortgage and so on,so as to further promote the reform of rural land circulation system.In addition to the introduction and conclusion,this paper is divided into three chapters to discuss the concept,significance,operation status and existing problems of the mortgage of land management right,and put forward some suggestions for the improvement of the mortgage system of land management right.The second chapter discusses the basic theory of land management right mortgage.The concept and characteristics of land management right and its relationship with the contract right are emphasized.Land management right is can be divided into two main categories,one refers to the members of the collective economic organizations or individuals within the organization,through the collective contract to obtain the right to land contractual management,two units or individuals outside of the collective economic organization,and obtain the right to operate through the signing of the land transfer agreement to the land contracting households,which formed on the land the possession,use,income,mortgage,guarantee right is a right in "three power division" background from the original land contracting right derived,the subject is collective member qualification,either Contracting Party,can also be a non contracting party.As a property right that is irrelevant to identity,the right of business is mortgaged.Mortgage of land management right has important practicalsignificance in fully realizing the property value of rural land,reducing the financing threshold,solving farmers' financing difficulties,activating the land transfer market and accelerating the industrialization and modernization of agriculture.The third chapter analyzes the current situation of land management rights,the general situation of operation mode and the problems in the practice of the pilot area.China's property law does not give the mortgage financing function of the rural land contractual management right based on the household contract,but under the impetus of the policy,the existing regulations have been broken through in the pilot area.From the operation of the pilot areas,the pattern is not the same,and in the activation of the rural production factors,to achieve collective revenue and increase farmers' income and achieved some results.But under the existing system framework of the test area,a series of problems have been exposed in the process of practice.Such as land ownership is difficult to influence the mortgage of land management rights,land management right mortgage establishment rules lack of mortgaged land management rights approach is not smooth,the valuation of the land is not perfect,which highlights from the law have important significance to perfect the land management right mortgage system.The fourth chapter focuses on the perfection of the system of land management right.The corresponding countermeasures are put forward for the problems existing in the practice of the land operation right mortgage in China.In terms of the establishment of the mortgage of land management right,whether the above ground crops belong to the scope of mortgage and the scope of mortgagee are expounded.And the realization way of the land management right mortgage and the relief risk that can't be realized.At the same time that the mortgage of land management rights still need to be improved on some operation supporting system,which mainly speeding up rural land rights registration,improve the land transfer market,the establishment of land management right mortgage risk prevention mechanism,and improve the land management rights evaluation system etc..