Research On Institutional System On The Mortgage Of Rural Land Management Right Under The "Three Rights Separation"

Rural The land management right under the "three-rights separation" should be characterized as a creditor's claim,but it should be given the ability to register.The financing guarantee for land management rights should be expressed as "mortgage" rather than "pledge".Mortgage of land management rights is intended to mortgage property rights to obtain financing.This right is derived from the land contract management right under the structure of "land ownership-land contract management right-land management right".Mortgage of land management rights disputes should be settled by applying the amended "Rural Land Contract Law" specific rules.The mortgage model in Ningxia Tongxin County is more suitable for China's current rural financial situation.The agricultural land financing guarantor shall be the land contract management right holder and the land management right holder,and the security right holder shall be set up as a financing institution.The land management right mortgage contract should be a formal contract,the establishment of the mortgage right should choose creditorism,and introduce a registration confrontation system against third parties.The method of realizing the right to mortgage land management rights should introduce a compulsory management system,where the compulsory manager is the execution facilitator and is appointed by the court after entering the execution procedure.The compulsory administrator is suitable as a corporation and has the responsibilities of operating land,obtaining income,and providing guarantees.The compulsory management procedure ends when the creditor's rights are paid off,the creditor waives the creditor's right,force majeure,and the parties violate the law.Land asset evaluation should introduce a third-party evaluation agency,rural economic cooperatives should be characterized as rural collective economic organizations that exercise land rights,and the agricultural land insurance system should be improved from the perspective of legislation and services.