Study On The Legal Issues Of Land Management Right Mortgage

Mortgage of land management rights is a way to reinvigorate land management rights.The mortgage loan financing for land management rights has policy provisions.In practice,there is also a mortgage of land management rights.There is no clear provision on the legal level of land mortgage rights,because there is no legal guidance,resulting in many problems in the mortgage of land management rights in practice.This problem has not been solved,which has affected the enthusiasm of the land operating right holders and financial institutions in financing the land management rights.In order to smooth the channels for mortgage financing of land management rights,the land management right should be clearly and comprehensively provided at the legal level.This article is divided into four parts in addition to the introduction and conclusion.The first part is about the connotation of land management rights.The concept issued by the Central Government,the opinions issued by the State Council,and the concept of land management rights given by some scholars are obviously too narrow in scope to exclude farmers who can be the subject of land management rights,that is to say,farmers contract land of collective economic organizations.The land contractual management rights are called land management rights when the farmers transfer the land management rights to the This approach is irrational,so the concept of choosing a more appropriate land management right in this paper refers to the right of the land owner to enjoy possession,use,and income within a certain period of time according to the arable land acquired by the contractor.The right nature of land management rights includes the concept of creditor's rights,the theory of right to use the property rights,and the property right of real estate.The first part of this article uses the property right of real estate,because the right to use the land is more advantageous when it is considered in the overall situation.The power of land management rights is a concrete manifestation of the nature of rights.The specific power of land management rights includes possession.Rights,use rights,income rights,disposition rights.There is a real need for mortgages to land management rights,and it is also a call to standardize the phenomenon of collateral mortgage in practice and respond to policies.The second part expounds that the land management rights have related problems in law and practice.First of all,the law is that the law has not removed the restrictions on the right to operate the land.At the same time,there is still a lack of laws concerning the mortgage of the right to operate the land.In reality,it faces the problem that once the peasants are not yet on the loan,the peasants will be guaranteed.The ambiguity of the object of mortgage and certain risks of land make the of lending by financial institutions low,and the ability of the mortgagee's income to be fully realized.The third part elaborates on the extraterritorial reference,because China's land management right is in the exploration phase,so it needs some reference for the extraterritorial legal provisions.China is a socialist country and the implementation of public and private ownership of land is very different,but extraterritorial protection of land owners and some systems for preventing risks can still be used for reference.For example,a sound legal system,strong government guidance and support,and the establishment of a sound land finance system.In the fourth part,aiming at the existing problems in the law and reality of our country and the use of foreign countries for risk prevention,the author believes that the legal system of land management rights in China should be established and improved.In addition to this,it is necessary to establish a peasant protection mechanism,an evaluation mechanism for land management rights,and a land mortgage rights mortgage information platform.