A Study On The Mortgage Of Farmland Management Right

In recent years,under the background of the reform of "separation of powers"of agricultural land,some areas of our country have successively carried out experimental work of mortgage financing of farmland management rights.According to the current law,the land contracted by the family is prohibited to be transferred by mortgage.Therefore,although the trial operation of farmland management right in the pilot area has achieved better economic results,the implementation of the system depends on the finalization of the law.China is in the transition period of agricultural economy,the agricultural management of the growing demand for funds,whether to allow agricultural operators to operate the right to agricultural land mortgage financing,directly related to the smooth scale of agricultural production,industrial upgrading and The speed of urban-rural integration.The right of farmland in our country has undergone the process of change from the separation of two rights to the separation of three powers.The separation of farmland ownership and contract management right activates the peasants’enthusiasm for labor and realizes the effective use of land value,but the usufructuary right of land contracting management right has not been effectively reflected.Under the precondition of clear ownership of farmland,the right of subcontracting and the right of management are divided,so as to further realize the value of their usufructuary right and give full play to their financing function,which undoubtedly has a positive effect on agricultural production."Three powers" theory put forward and the majority of pilot areas in the country have started mortgage work,there is a sufficient realistic basis for institutional innovation.At present,China has entered the transition period of agricultural economy,the rapid development of social economy and the process of integration of urban and rural areas,making farmers to expand agricultural production,the scale of business and other aspects of the increasing demand for funds.The land in the rural areas of our country still bear an important social security function,agricultural land "separation of powers" theory,aim to protect the land ownership of the collective economic organization,stability contractor land contract rights,seperate the management rights from the constract management rights,and allow them to mortgage financing to address the funds shortage problem that main agricultural production and management to expand the product scale.According to the principle of property rights,no person shall create the content of the real right which is not stipulated by the law.Land carrying social security functions in rural areas,shall not be mortgaged,so as to avoid the risk of landless of farmers.However,in the process of urban-rural integration,we should follow the development trend of market economy,so that agricultural development in a fair market environment,to this end,the relevant laws should be amended to make the right to operate agricultural land mortgage financing.There are still many problems in the pilot project of rural land management right mortgage financing,such as the imperfect system of operation right of agricultural land transfer right,the risk of valuation,the non-standard mortgage procedure,and so on.These allaffect the smooth progress of mortage work.To this end,not only to establish and improve the right to operate agricultural land mortgage system itself,but allso should improve the relevant supporting system.In the specific design of the system,the right person to mortgage agricultural land mortgage right should only be limited to banks or non-bank financial institutions,the mortgagor should be the actual management of agricultural land,the secured debt is limited to the mortgagor own agricultural production.The debts and financing of the operation can only be used to improve the agricultural production technology and expand the agricultural professional team and other agricultural uses.The effect of the mortgage shall be the same as the landed crops belonging to the mortgagor agreed upon by both parties in the mortgage contract.Since the management of 1 land who is a secondary usufructuary right is derived from the right of agricultura land contractual management.It should Should take the registration of the effective way of publicity by the specialized agencies to register.In the realization of the right of mortgage,shall not shake the ownership of the nature of collective land,and not change the agricultural land use.When the mortgagee is the owner of the right to land contract,the way of compulsory management will replace the way of realizing the mortgage directly,so as to avoid the land-losing risk of the contracted farmer.In the course of the mortgage of agricultural land,it is necessary to carry out the work of certification of farmland management right,perfect the platform of rural land property right exchange,perfect the appraisal system of rural land value,set up government special subsidy fund,agricultural land mortgage insurance mechanism and farmland Financial system and other supporting system construction,to ensure that the norms of the system implementation,play an active role.