Research On The Mortgage Of The Land Management Right From The Perspective Of Three-Right Separation

Under the "Three-Right Separation" expression of the contracted farmland power structure is:the ownership of land,right to the contracted management of land and land management.If the mortgage of the land management right set in the above three rights is the mortgage of the land management right,and the mortgage has exceeded the mortgageable property scope stipulated in the property right law of the People’s Republic of China,the relevant prohibitive provisions of the property right law of the People’s Republic of China shall be suspended in the relevant pilot places.The newly revised land contract law of the People’s Republic of China and the draft of the real right compilation of the civil code have made relevant provisions on the mortgage of the land management right,but the current provisions on the mortgage of the land management right are still not comprehensive and systematic.This article will put forward its own Suggestions to help.The structure of this paper is as follows:the first chapter expounds what are the three rights and what is the mortgage of land management right.At the same time,the paper expounds the feasibility of the mortgage of land management right from the Angle of theory and practice.The second chapter analyzes the object of the land management right mortgage and the related concepts and disputes.Chapter three defines the subject of land management right mortgage.Chapter four makes a plan for the setting conditions of the mortgage of the land management right on the basis of the comparison with the traditional land circulation mode.The fifth chapter compares with the realization way of traditional mortgage,and draws the conclusion that the realization way of traditional mortgage is combined with the compulsory management way to realize the mortgage right of land management right.Chapter six the present legislative status of land management right mortgage in China has not been systematized,and the corresponding legislative improvement.The object of the mortgage of land management right is land management right.The crops attached to the ground do not belong to the mortgage,while the fixed objects of agricultural facilities on the ground belong to the mortgage.Land expropriation compensation in resettlement fees no subrogation of the mortgaged property,compensation for ground attachments and green crops on the ground can be used as a pawn of subrogation,land compensation,land management should be based on all sides have deadlines and all the indexes of land use as the basis for after the distribution,belong to the mortgagor parts can be as a pledge of subrogation.In the legal relation of the mortgage of land management rights,the qualification of the mortgagor who is the land contracting and management right holder is the peasant household but not the individual farmer.The mortgagee is not subject to the status of the financial institution.The mortgage right of land management right shall not be registered against a third party in good faith,and the right of land management right shall be registered at the same time.Due to its particularity,the mortgage of land management right still needs to make certain restrictions,which are mainly reflected in two aspects:one is to set a limit on the proportion of the mortgage of land management right,and the other is to set a limit on the period of the mortgage of land management right.The implementation of land management rights mortgage can take the law of the People’s Republic of China property law stipulated in the agreement,agreement auction,sell at a discount,compulsory auction,forced to sell,can choose ordinary civil procedure or special procedures to achieve real rights for security case,to the land management intending to use rural land property rights trading platform.When the farmers set up the mortgage with their land management right,the implementation of the mortgage right should first apply to the compulsory.At the same time,a series of supporting systems should be formulated for the mortgage of land management rights,mainly including:first,to improve the social security system and reduce the social security role of agricultural land.Secondly,the land circulation market should be improved to make the transfer of land management rights more standardized and institutionalized.Thirdly,the value evaluation system should be improved to make the establishment of the mortgage right of land management more standardized.