Legal Research On The Mortgage Of Land Management Right In The Context Of Tripartite Rural Land Entitlement System

Land management right can be mortgeged in the context of tripartite rural land entitlement system,but for the moment,there are still many deficiencies in the legal system of land management mortgage.We should improve the mortgage system of land management right,release the power of land management right,revitalize rural economy and develope modern agriculture,so that farmers can increase their income and rural development can be achieved.And finally,we can win the battle against poverty and build a well-off society.But in legal level,there are still deficiencies in the aspects of the nature of the land management,the rules of land management can be mortgage and the production and realization mechanism.This research use the methods of literature research and interdisciplinary research to analyze the usufruct nature of land management right,point out the deficiencies in the legal system of land management mortgage,comb pilot areas model for inspiration.And in finally,suggestions were put forward in the aspects of amending the prohibitions in Property Law of the People’s Republic of China and Security Law of the People’s Republic of China,determining the registration effectiveness of land management mortgage,improving the rule that the third party business entity needs to be approved by the contractor when mortgage with land management right in the draft amendment to the Rural Land Contract Law,and assessment system and transfer market.The aim of this research is to help improve land management mortgage system.The research has some innovatione in reference to the pilot model and specific modification of the legal system.Due to the lack of field investigation of the pilot,based on the summarization of literature research,the actual operation of the pilot is not detailed enough.