Study On The Mortgage System Of Land Management Right Under The "Separation Of Three Rights"

After the theory of "Three Rights Separation" was put forward,the theory of land management right mortgage was a heated discussion,the pilot work carried out like a raging fire,modify the "rural land contract law" is imminent.In 2017,China amended the Law on Rural Land Contracting,proposed the Draft Amendment to the Law on Rural Land Contracting,and conducted two deliberations.Recently,the decision to amend the Rural Land Contract Law has been adopted,which represents an important step in the reform of "separation of powers" and the liberalization of land management rights.Although the amended Rural Land Contracting Law stipulates the right of land management and the relationship of "three rights",and endows the right of land management with the function of financing guarantee.However,there are still some imperfect provisions in this law,and the relevant provisions need to be amended urgently.Firstly,this paper introduces the basic concept of land management right,analyses the reason why land management right adopts mortgage security mode when discussing the concept of land management right mortgage,and emphatically analyses the legal attribute of land management right as usufructuary right,and discusses the foundation of land management right mortgage from three aspects of jurisprudence,law and practice.Secondly,on the basis of the legislative and practical status of the mortgage system of land management right in our country,this paper summarizes the existing problems of the mortgage system of land management right in our country.After introducing the farmland financial system of three developed countries,namely the United States,Germany and Japan,it summarizes the experience and enlightenment that the mortgage system of land management right in our country should draw.Finally,aiming at the problems existing in the mortgage system of land management right in our country,this paper puts forward the concrete conception of establishing the mortgage system of land management right,and discusses it from three aspects: perfecting relevant laws and regulations,constructing the basic system and supporting system of land management right mortgage.In this part,the concept of mortgage insurance of land management right is innovatively put forward,and the way of "loan voucher" should be adopted to control the use of mortgage loan of land management right.In the way of mortgage realization of land management right,besides traditional auction and sale,directional circulation mode and third-party operation mode are also introduced.