Study On Mortgage Finance System Under The Policy Of The Separation Of Three Rights Concerning Land Transfer

In 2013,the national leaders headed by General Secretary Xi Jinping discussed the issue of comprehensive deepening of land reform,proposed relevant policies,and clarified the issue of separation of contracted land management rights.Fully affirming the rationality and legitimacy of the “three powers separation” policy requires that,on the basis of persisting in the constant nature of the collective ownership of land,it should let go of the right to operate the contracted land to stimulate market demand.In the practice of some pilot regions,some experience has been achieved,but no corresponding laws have yet been drafted.According to the concept put forward at the Fourth Plenary Session of the 18 th Central Committee,"the reform must be based on law," and the "leading" should be followed.Legislation should be advanced so that the mortgage of the contracted land management rights not only responds to national policies but also conforms to legal norms.After the introduction of the policy,some restrictions on land management rights still existed,obstructive clauses did not disappear,and there was a chaotic situation in which the policy and the legal interpretation conflicted.The law did not make explicit provisions on the mortgage of contracted land management rights.In addition,regarding the lack of an effective evaluation mechanism and risk management mechanism for land contracted management rights,it is impossible to unify standards,avoid risks,safeguard the interests of the people,and must comprehensively promote the deepening reform of mortgages of contracted land management rights.Grasping and perfecting relevant laws so that there is a law for the mortgage of land contracted management rights;it should also set up special agencies to conduct assessments and train a group of highly qualified assessment personnel;for those who impede the implementation of policies,it is necessary to strictly formulate mechanisms for accountability;At the same time,it is necessary to establish a risk management mechanism to conduct real-time assessment of risks,reduce farmers' operating risks,safeguard the interests of the people,and lay a solid foundation for the development of the rural economy.