Research On Some Legal Issues On Mortgage Of Farmland Management Right

In recent years,the rapid development of rural economy in China,the increasing demand for agricultural production and management funds,the narrow financing channels in rural areas,the financing of financing has become a constraint to rural economic development,agricultural modernization and rural production and increase the main problems,and the actual situation in rural areas fit Financial products to improve rural financial services.In order to solve the problem of the lack of bank-approved collateral,deepen the work of financial support for agriculture,the land management right mortgage system came into being.The pilot scheme of land management right has been carried out in various regions of our country.The actual situation,developed around the land management right mortgage financing management approach,and achieved good economic and social benefits,but in the pilot process,the provisions of different places,there are many issues that need legal norms.This paper is divided into three parts: the first part,discusses the theoretical basis of the right to operate the right to operate agricultural land,that is,the three-power split theory;secondly based on the right of rural land contract management rights,"weightlifting to light" The Rationality of Mortgage of Farmland Management Right.The second part,the Ningxia Tongxin County,Chengdu Chongzhou District,Shandong Zaozhuang City and Heilongjiang Keshan County and other pilot areas of agricultural land management mortgage analysis of the practice,in practice there are existing legal provisions are not reasonable,and there is legal There are some obstacles to the realization of the mortgage,the lack of farmland assessment,the mortgage registration system,and the realization of the mortgage.In the third part,the author puts forward some suggestions on perfecting the mortgage system of farmland management right in view of some outstanding problems in the mortgage of farmland management right mentioned in the second part.First of all,in the scope of collateral,practice and academia exist in terms of proportion,area,type,region and other doctrines and practices,and whether the attachments on the ground can be mortgaged,this paper suggests that a "comprehensive" With the conditions of the collateral.Second,on the mortgagor,remove the economic conditions of the farmer's mortgagees,the scope of the agricultural business into the scope of the mortgagor.Thirdly,with regard to the definition of the status of the owner of the agricultural land,this paper puts forward the right of farmland ownership to the service of the servant and remove the right of consent to the land management right.Fourth in the mortgagee,this article that should not be limited to banking financial institutions,should be for all rural financial institutions.Fifth,the construction of agricultural land management system of mortgage,mortgage registration to take the entry into force,temporarily selected farmland authorities as the registration agency.Sixth,the evaluation of the value of agricultural land is low,it is recommended to establish the benchmark land price system.Seventh,the removal of the mortgage to achieve obstacles to the establishment of the principle of public interest on the disposal of collateral,to remove the restrictions on the transferee of the land and the provisions of some of the pilot areas of the protection of farmers to analyze the measures.In summary,this paper,from the pilot practice of land trade right mortgage,introduced the pilot situation in each region,found some outstanding problems in the pilot,and put forward some suggestions,hoping for the right to operate the land The mortgage system contributes to the smooth running of our country.