Legal Issues Study On Financing Guarantee Of Land Management Right In The View Of "Three Right Division"

With the rapid stage of China's economic development,market economy and constantly improved and perfected,which calls for the agricultural economy after China 's relatively weak to respond.After the convening of the Third Plenary Session of the 18 th CPC Central Committee,the Decision of the Central Committee of the Communist Party of China on Deepening the Reform of Several Major Issues has been put forward to give farmers the right to collateralize,use,profit,transfer and contract the right to operate.Then the state has proposed a " Three Right Division " policy,namely rural land division as "collective ownership of farmland-contracting rights-the right to operate" structural system.This has aroused strong repercussions in practice and theory,especially in the legal profession has set off a land contract management right mortgage legal system research boom.While this argument in theory is a groundbreaking change,it will provide the flexibility that can not be provided for collective rural land transfers and mortgages,and to facilitate the legal recognition of various rights.However,due to the lack of standardized system of laws related to the "Property Law","Land Management Law",as well as land management right mortgage market is not yet mature and so on,this theory temporarily shelved,not well developed in practice.In the context of comprehensively promoting the rule of law,this article aims to compile a perfect legal system by comparing the legal system of agricultural land mortgage in developed countries such as Japan,Germany and the United States.Through the reference to foreign advanced system,China's land management rights financing guarantee system of reconstruction,to the new economic development in the rural economy to respond.The new "three-power split" right structure has been affirmed at the policy level,it is urgent to support the legal level,the realization of policy expectation can not be separated from the legal system to respond to its nature,connotation and so on in order to reform the rural land system,provide the most effective basis for security and norms,which is the inevitable requirement for the full implementation of the rule of law.