Study On The Legal Problems About The Mortgage Of The Contracted Land Management Right Under The Background Of "Three-right Separation"

In recent years,under the guidance of the "Three Rights division" policy,the pilot areas have gained some experience in exploring the mortgage of the right to operate the rural land contract,that is,only the mortgage on the management rights of the land,it suffered some problems,first of all,the legal provisions of the mortgage is not clear.In order to implement the mortgage of land contract management right nationwide,the legislative level design must bear the brunt,in order to legally implement the mortgage of contract land management right.Under the background of "Three rights division" of rural collective land under the new normal,how to construct the corresponding legal system and standardize the mortgage of land contract management right,so as to further strengthen the construction of new socialist countryside,this is the purpose of this paper.This article is divided into three chapters,with the traditional questions,analysis and problem-solving ideas to go down,the first chapter describes the three rights under the background of the transfer of land contract management rights of the overall summary,specifically divided into the Land contract management rights of the connotation and legal nature,the sub-power under the Land contract management rights,And the current situation and problem analysis of the mortgage of land contract management right.From this,we can see that the traditional land contract management rights and the sub-power under the Land contract management rights are different,when the traditional "two rights" into the "three rights" into our lives,everything becomes like a spring breeze.The second chapter is about the status and problems of land contract operation mortgage under "Three Rights division",respectively,refers to the current situation of land contract management right mortgage in law and policy,and then cite the real case of the corresponding region to explain the current situation of mortgage,and finally clarify the problems faced in practice.The last chapter is how to solve the problem,respectively,in the establishment ofmortgage rights,the realization of mortgage rights and supporting system to improve.This paper specifically discusses whether the land crops belong to the scope of the mortgage,has already analyzed and discussed the subject and object of the mortgage,modified some unreasonable clauses,and analyzed the realization mode of the mortgage of the land management right and the non-realization of the relief risk.At the same time,it is considered that the operation of the mortgage of land contract management right still needs to improve some supporting systems,including speeding up the confirmation and registration of rural land,perfecting the land circulation market and establishing the risk prevention mechanism of land circulation.Finally,the evaluation system of contract management right is also put forward to improve suggestions.