Study On The Legal Problems Of The Management Right Of Rural Land Morgage

The rural collective land's implementation of the separation of three power split has gradually from the scholars' theory or controversy to become a national level recognized content,rural land ownership,contracting rights,management right have gradually separated into different subjects to enjoy.The Standing Committee of the National People's Congress has authorized some areas to adjust the implementation of the "Property Law" and "Guarantee Law" on the ban on the stipulation of the mortgage of the right to contracted management of rural land,and allow parts of pilots use the management right of rural land to mortgage loan.Many areas have begun allowing flexibility of the flow of the management right of contracted rural land,rural land has never entered the commodity market,the relevant market mechanism and the relevant legal regulation have not been established,there is no dispute occurred in the mortgage of the management right of contracted rural land during the practice.The process of the management right of contracted rural land's mortgage,the realization of the mortgage and the handling of the dispute are lack of corresponding norms.This text based on the investigation and analysis of the situation and the existing problems in the mortgage of land management right of Pan County in Guizhou Province,it puts forward to the related construction of the system of mortgage the management right of rural contracted land by using legal thinking and practical situation.The body of the article which is divided into four chapters.The first chapter discusses the concept of the right of management operate and the meaning of the "separation of three powers".The second chapter disccusses the meaning of the mortgage of the right of management and the related legal relationship.The management right of rural contracted land is a usufruct,which is different from the object and content of contract rights,in order to make a qualitative leap in the development of rural economy,the law should allow the management right to operate mortgage and should allow the commercial capital into the countryside.And analyze the related legal relationship of the mortgage of the land's management right.To describe the judicial status and rights and obligations of the mortgagor,the mortgagee,the assignee,the contractor,the guarantor and the sub-franchisee.The third chapter is study the cases of land management right mortgage pilot.It takes the pilot situation of management right's mortgage loan of Pan County in Guizhou province for example.The fourth chapter,this part is the core of the article,it is a system's design of the improvement of the land management right mortgage.This paper mainly starts from the pilot situation of the land operation right mortgage in operation,analyzes the existing problems and studies the countermeasures,so as to clarify the relevant legal relationship of land management right mortgage,and to provide theoretical support for the land management right mortgage,and ideas to court for the land management right mortgage's disputes.