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Research On The Legal Issues Of Mortgage Of Rural Land Management Right Under The "separation Of Three Rights"

Posted on:2020-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2416330575990689Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,the exploration and innovation of land system by the central government,local government and grassroots farmers have never stopped.But the ultimate goal is to make rural land more flexible,as the most dynamic element to participate in social production.With the deepening of the rural land reform,the existing rural production relations with the land property rights system as the core have obviously not adapted to the development of rural economy.Academic circles pay more attention to this issue,especially after the 19 th National Congress of the Party,the mortgage of land management rights is frequently seen in newspapers and government work reports.In order to provide farmers with more property rights,more financing channels and promote the faster and better development of agriculture in China,the study of land management rights can not be stopped.The new land contract law continues to use the name of farmland contract and management right,and stipulates that farmland mortgage is placed under financing guarantee.There are two reasons,one is the theoretical field of the nature of farmland management is still controversial at this stage.Second,the concept of contractual management rights has been accepted by the public.But it also brings some difficulties to the research of the mortgage of the management right of agricultural land.The emergence of farmland management right stems from the "separation of three powers".Therefore,this paper takes the analysis of "separation of three rights" as the logical starting point of the research on the mortgage of farmland management right,and then makes a comprehensive analysis combining with practice.The reform of the mortgage system of land management right is carried out in accordance with the reform law of "policy first,law gradually improved",and the mortgage pilot work is carried out first in the pilot areas selected by the whole country.Therefore,the author takes the opportunity of this topic study to reorganize the development of rural land system,and makes a thorough analysis of the legal problems existing in the mortgage of land management right,and puts forward corresponding legislative and practical suggestions.Firstly,the author defines the concept of rural land economic management right in theory,and points out the land management right in its legal provisions,and makes a simple analysis.Secondly,the author returned to practice,selected three typical pilot counties and cities,and introduced their different practices and experiences in the pilot process.Then,it further makes a normative analysis of the various elements of the mortgage system of the right to land management,which lays a solid foundation for the later study of the legal dilemma in the practice of the right to land management.Finally,combined with all the research data,it gives legislative suggestions and supporting measures toimprove the mortgage system of land management rights.
Keywords/Search Tags:Separation of Three Rights, land management right, Mortgage, Legal construction
PDF Full Text Request
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