Research On Mortgage Of Land Management Right

The mortgage of land management rights proposes new ideas for solving the financing problem of agricultural development,and is an important means to revitalize the rural financial market.It has important institutional value and significance.With the steady advancement of the pilot work,it is more necessary to regulate it from the perspective of law and follow up the legislative work.In 2018,the "Law of Rural Land Contracting" was revised.The first time,the land management right was recognized through legal form,and its financing guarantee was allowed.However,the basic issues such as the right nature of the land management right were not clearly defined.The specific form and corresponding system of financing guarantee are not clear,there is a legislative gap to be improved.On the basis of summarizing the current situation of legislation and reform experience,this paper starts with the legal relationship of mortgage of land management right and analyzes relevant problems.First of all,the object of the mortgage of land management right is the new right,land management right,which is generated under the policy of separation of three powers.It is only generated in the process of land transfer.It is the right to manage land set up for other subjects by the contracting peasant households based on the disposition power of usufructuary right,which is a right can be mortgaged.Secondly,as far as the subject of land management right mortgage is concerned,both the contracting farmers and other operators can act as the mortgagor.What the contracting farmers mortgage is their land management right instead of Land contractual management rights,and they do not have to have non-agricultural occupation or otherincome sources when mortgaging.The mortgagee should be limited to financial institutions or even set up a special policy bank to take charge of the mortgage business.Thirdly,the establishment of mortgage of land management right shall be registered on the basis of mutual agreement.The unregistered mortgage is not established,and the consent of the contracting party or the contractor is not required as a necessary condition during the establishment process,but it shall be filed with the contracting party.Finally,the realization of mortgage is the most important part of mortgage.In addition to the traditional way of realization,compulsory management and other innovative ways can be introduced to dispose of mortgage,and related supporting facilities can be improved to create conditions for the realization of mortgage.