Study On Mortgage System Of Land Management Rights Form The Perspective Of “Separation Three Rights”

At this stage,China is in a critical period of reform to vigorously promote the deepening of rural reform and seek to eliminate the backwardness of rural economy.The proposal of the separation three rights policy of agricultural land has broken the closed state of farmland circulation for a long time,and on this basis,it has given the power of mortgage financing for land management right.The promulgation of the Rural Land Contract Law of the People's Republic of China(2018)and related administrative regulations provides the legal basis for the separation three rights and the mortgage of land management rights in China.However,in terms of theory and practice,there are still many problems to be solved about the mortgage of land management right under the separation three rights.On this occasion,the author intends to study the mortgage of land management right in order to put forward reasonable and feasible suggestions for the improvement of its system.This paper is divided into the following five parts:The first part is introduction.This paper mainly introduces the basis of the topic selection,the research status of separation three rights and mortgage of land management right in China,the advanced farmland mortgage system in foreign countries,and the content and methods of this study.The second part is mainly theoretical analysis and research.This paper analyses the proposition,connotation,relationship between rights and their respective nature of the separation three rights of agricultural land,and expounds the current legal provisions and connotation of the mortgage of land management right.The third part examines and analyses the practice mode of land management right mortgage.This paper investigates the typical pilot projects and models of mortgage of land management right in China,summarizes the experience and shortcomings in the pilot work,and provides practical support for the improvement of the legal system of mortgage of land management right in China.The fourth part is the judicial analysis of the mortgage disputes of land management rights,sorting out the types of mortgage disputes,judicial judgments and legal basis,and providing reference data for the system design of land management right mortgage in China.The fifth part is the improvement of the mortgage system of land management rights in China.On the basis of summarizing the above research and practice,based on China's specific national conditions,and drawing lessons from the system and practical experience of developed countries,this paper provides practical reference for the improvement of the mortgage system of land management right under the mode of the separation three rights.