Research On Mortgage Financing System Of Land Management Right Under The Background Of "Separation Of Three Rights"

Rural finance is the focus of development in the field of agricultural economy in China.For a long time,the development of rural finance in China has been restrained.There may be many factors affecting the development of rural finance.But the most important thing is that commercial finance can not be effectively promoted in rural areas.A large number of studies have shown that one of the important factors affecting the difficulty of commercial finance in rural areas is the lack of collateral that can be used for financing by agricultural operators.In China's rural areas,the property owned by farmers is limited.Land is the basic economic resources on which they depend for survival,and it is also an important resource affecting the development of rural economy,among which the right to contract and manage land is the most important.However,due to the constraints of farmers' own economic and cultural level,insufficient scale of production and operation,lagging behind policies,laws and regulations and other factors,the development of land property attributes is neglected,resulting in the inadequate exploitation of the economic value of land.In 2014,Document No.1 of the Central Committee put forward a new idea of “separation of three rights” in rural land reform,which redistributes the rights of farmland,and also broadens a new road for the construction of the farmland financing system and the development of the farmland financialization.According to the analysis of the connotation of “loosening the right of land management” in the document,we can see that the state gives the right of land management a high degree of liquidity in the market from the policy,and takes the right of land management as an effective means of financing.Therefore,the reform of rural land financing system will take the promulgation and promotion of the policy of“separation of rights” as an opportunity,and take the financing of land contractual management rights as the core to sort out the policy and legal development of China's rural land financing system.This paper studies the legal system of agricultural land financing in China by using the methods of literature research,case study and interdisciplinary research.The main research contents are divided into three parts: The first part,combing the developmentprocess of the policy of “separation of three rights”,analyzing the connotation of the separation of land contract right and management right and the rationality of the mortgage of land management right from the perspective of law.The second part investigates and analyses the current mortgage financing system of land management right under the background of “separation of three rights”.Taking Pingluo County and Tongxin County in Ningxia as an example,this paper analyses the characteristics of different mortgage modes of land management right mortgage pilot projects in China,and summarizes some problems and potential risks exposed to the pilot areas.The third part systematically studies the construction of a sound system of farmland financing,analyses the connotation of the three principles of the farmland financing system under the “separation of rights”,analyses the legal structure and implementation rules of establishing scientific mortgage financing of land management rights,and puts forward suggestions on the improvement of the relevant supporting system of farmland financing system.The innovation of this paper is to analyze and study the financing system of land management right from the angle of land management right which is independent from the policy of “separation of three rights”,enumerate and analyze the financing mode of land management right in the pilot area,summarize the predicament of the current farmland financing system,and put forward some ideas and suggestions for the improvement of the farmland financing system.