Research On Legal Issues Of Mortgage Of Farmland Management Right

For our country's agricultural producers and operators,land is an important capital they own,but our country's laws prohibit the mortgage financing of the contracted land contracted by the family,which makes the capital's capital effects unable to be realized.To solve this problem,the central government The concept of “three-share separation” of rural land ownership,contracting rights,and operation rights was proposed,and the concept of a new round of land reform that allowed the mortgage of land management rights after independence was proposed.This paper selects Wuhan City as the research object,and analyzes the historical transition and current situation of the mortgage turnover of land management rights in Wuhan City.It studies the circulation pattern that Wuhan promoted under the platform of the rural comprehensive property rights exchange.The author intends to conduct research on this issue.In addition to the preface and summary,the article is mainly divided into four parts.The first part is the legal interpretation of the mortgage of land management rights and the analysis of the policy documents concerning the mortgage of the relevant land management rights in Wuhan under the framework of “three rights allocation”.When Wuhan responded to legal disputes,the relevant policies were forward-looking and scientific.Although there are many debates in the law community about whether the“three rights allocation” is scientific and whether the land management rights can be mortgaged,from the perspective of Wuhan's practice,the “three rights allocation” of agricultural land and mortgage of land management rights are the basis for existence.The second part mainly deals with the structural analysis of the mortgage transfer of the Wuhan model farmland management rights.Although the mortgagor and the mortgagee of the farmland management rights under the Wuhan model have diversity,they are also biased and they are all concentrated on one subject.Among them,the mortgagors are mainly agricultural companies,and the mortgagee is mainly based on Wuhan Rural Commercial Bank.The biggest feature of the mortgage of farmland management rights in the Wuhan model is based on the platform.In the Wuhan Comprehensive Property Rights Exchange;when the mortgage is fulfilled,Wuhan City establishes a professional agriculture in order to solve the obstacles to the general realization.The guarantee companies are subject to compulsory management.This practice ensures the rights of the mortgagee and protects the basic rights of the mortgagee.The third part is to analyze the special dilemmas that emerged in the Wuhan model.For the analysis of this chapter,a multidimensional analysis method was adopted.Starting with the practice of mortgage of land operating rights in Wuhan,the biggest problem was found to be that under the current legal framework of Wuhan Agricultural Exchange,the power of Wuhan Agricultural Exchange was over-amplified.The status and function do not match.In addition,there are still deficiencies in risk prevention.The angle and method of public power intervention in the mortgage of land management rights need to be improved.The fourth part mainly discusses the perfection of the mortgage right of the farmland Management in Wuhan mode,and combines the theory of "three powers separation" to put forward its own ideas for the legal construction of farmland management right mortgage.In respect of the main entity,the mortgagor of farmland management rights is divided into the business entity that has been obtained through the original and the business entity that has been acquired;the mortgage right holder of the farmland management right is the financial institution,not the natural person and the ordinary enterprise legal person.The right to mortgage the farmland management rights is the right to operate farmland under the system of “three powers”,and the farmland management rights have property rights.The operating mechanism of mortgage of management rights for agricultural land should be preceded by the model of rural property rights exchanges in Wuhan as the center;the registration of the mortgage of farmland management rights should adopt the effective registration doctrine.