Study On Legal Institutions Of Mortgage Financing Of Rural Land Management Right From The Perspective Of "Three Rights Distributing"

The accelerated process of industrialization and urbanization has made great changes in the production structure of rural areas in China.A large number of labor forces into the city lead to serious abandonment of rural land and impact on the efficiency of land use.On the other hand,our agricultural production has also begun to shift from traditional small-scale peasant management to modern scale management and new agricultural management.As the main force of modern agricultural production,the subject is faced with the problems of financing and financing,which is not conducive to the modernization of agriculture.In order to fully release the capital value contained in the land,provide effective financing cost and developing property for the main body of agricultural production and management,and improve the shortage of agricultural operation and development under the small farmers' economy,the central government has issued a series of normative documents to put forward the collective ownership of rural land,the contract right of farmers and the land management right "three The reform of the right division and the participation of the land management right after the division are allowed to participate in the mortgage financing.It is clear that the relevant laws should be revised in time so as to ensure that the practice and exploration can be carried out in an orderly way.Under the advocacy of the trend of this system reform,various areas of the country have carried out diversified experiments and explored valuable experiences.However,the gap between the relevant legal system and the gap between the legal regulations and the actual needs leads to many problems in the practical operation.The promotion of the right and use of the rights of rural land management should be based on the top-level design,and it is urgent to clear the post displaced rural soil on the basis of the future revision of the law.The nature of the right to operate the land and the validity of the participation mortgage are designed for the mortgage rules of the rural land management right obtained through the household contract.Taking the reconstruction of rural land rights as the logical starting point for the design of the mortgage system of management rights,this paper demonstrates the necessity and feasibility of the two aspects of the real demand and legal analysis,summarizes the current legal provisions and policy oriented contents,analyzes and summarizes the more mature practical experience in the pilot area,and collects the trial practice.The judicial handling of relevant disputes,to measure the interests and wishes of all parties in the mortgage relationship of management right,put forward suggestions aimed at the obstacles existing in the construction of the mortgage system of management right,and perfect the related legal system,and build a systematic and perfect legal system for the mortgage of rural land management right.