Research On The Legal Problems About The Mortgage Of The Contracted Land Management Right Under The Background Of "Three-Right Separation"

At present,China has entered the transit ion per iod of agricultural development and the agricultural production mode of centralized scale operation has gr eatly increased the demand for the mortgage of the contracted land management right.But the contradiction between the restrictive provision on the mortgage of the rural land acquired by means of household contract responsibility system made by the property law and the demand for mortgage of the contracted land management right in agricultural practice makes it hard for the value of rural land resources energy released and the demand of the agricultural scale management mode of production been satisfied,which has become a signif icant problem restricting the development of rural economy.However,the theory of " Three-Right Separation " proposed develops the value of the rural land contract system and provides theoretical support for the full utilization of agricultural land resources.Based on the theory of " Three-Right Separation ",The author sorts out the theory of " Three-Right Separation ",discusses the feasibility and necessity of carrying out the mortgage of the contracted land management right under this theory mode,expounds the different mortgage practice modes and the problems existing in the system and put forward the idea of constructing the mortgage system of land contracted management right under the background of " Three-Right Separation " mode on the basis of the comprehensive analysis,in order to contribute to the advancement of the system.The author mainly discusses the topic from the following three aspects.The first part is the first and second chapters.In this part,the author analyzes the contradiction of "dual leg islat ion " in the mortgage of the contracted land management right under current legis lat ion,sorts out the theories about " Three-Right Separation " and the mortgage system of the contracted land management right,discusses the necessity and feasibility of constructing the mortgage system of rural land contracted management right from the reality and the theory of " Three-Right Separation ".The second part is the third and fourth chapters.In this part,the author analyzes three typical examples of shandong zaozhuang,jilin province,and sichuan chongzhou,expounds the unbalanced structure of the "three rights" structure,the imperfect construction of power system and the imperfect matching system in practice.The third part is chapter five.In this part,the author focuses on the problem of the mortgage system of land contracted management right in the practice of "Three-Right Separation ",discusses the idea of constructing the mortgage system of land contracted management right under the background of " Three-Right Separation " from several aspects: improving the theory system of " Three-Right Separation ",redefining the scope of the mortgage,constructing the method of establishment and implementat ion about the mortgage right,build ing a unified registration effective mode.