Empirical Research On The Legal Issues Of Mortgage Loan Of Rural Land Management Right

As one of the most important resources in rural areas,land plays an important role in agricultural production and social security.The mortgage loan for the management right of contracted land in rural areas is an important top-level design to solve the financing difficulties of farmers.In recent years,with the gradual development of the reform of "separation of three rights" and the revision of the rural land contracting law,the mortgage loan of land management right has been gradually written into the law from the policy pilot.The revision of the new law breaks through the long-standing prohibitive provisions of the property law on the non-mortgaging of contracted land in rural areas and responds to the practical needs of agricultural development and farmers.However,the revision of the new contracting law does not make clear the legal nature of land management rights,nor solve the problems existing in the mortgage of land management rights,and there are still many problems to be solved in theory and practice.Apart from the introduction,this paper is divided into four parts:The first part is the concept definition.In the context of mortgage loan of contracted land management right,there are two connotations of land management right.The first is the ability of abstract management right in the land contract and management right,the second is the entity right of land management right generated by the circulation.There are two types of mortgage loans for land management right: contractors and land management right holders.The lenders are banking financial institutions.The second part is empirical research.Through the empirical analysis of 331 judgment documents,the paper presents the legal problems existing in the mortgage of land management right by descriptive statistics.For example,there are problems such as uncertain financing guarantee method,confusion in cognition of the mortgage of land management right,ununified mortgage registration institution,vague legal provisions to realize the mortgage right,and different judgment of cases at trial.The third part is the reason analysis.This paper analyzes the causes of the problems in the empirical part and discusses the legal nature of land management right and the mortgage procedure of land management right.The legal nature of land management right is not clear,the conflict between the social security function of rural land and the realization of mortgage right,and the imperfect supporting measures of land management right mortgage are the important causes of the above problems.The fourth part is legal advice.Firstly,the legal nature of land management right must be clarified to solve the problems of mortgage loan of land management right,which is the key to solve the problems.The land management right should be defined as usufructuary right and clearly stipulated in the real right of civil code.Second,improve the legal provisions of the mortgage procedures of land management rights,including mortgage registration institutions,the realization of mortgage rights and other aspects;Third,we will issue judicial interpretations and case trial guidance to clarify the application of the law in cases involving land management rights.