Research On The Legal Issues Of Mortgage Of Rural Land Management Right Under The "Three Rights Separation"

The rural land right system with the separation of ownership,contract right and management right is another rural land reform system innovation after the household contract responsibility system.At present,with the promotion of the strategic goal of rural revitalization,the mode of large-scale and specialized production and operation in rural areas has become a major trend.The smooth development of this mode of operation is bound to be inseparable from the mortgage of rural land management rights.The law of the people's Republic of China on rural land contracting(2018 Amendment)passed on December 29,2018 stipulates that financial institutions can be guaranteed by land management rights,breaks through the prohibitive provisions of the original law,and provides legal support for mortgage financing in practice,but it is still necessary to point out that article 47 of the amendment does not specify the legal attribute of this new right,In order to promote the legislative process and avoid the academic debate on property rights and creditor's rights.Therefore,under the support of the theory of the separation of three rights,we strive to further clarify the legal attribute of the land management right at the level of legal system.At the same time,combined with the real dilemma of the mortgage of the land management right,we sort out the experience and Enlightenment of the mortgage pilot in various regions,and finally carry out the relevant system design to invigorate the rural economy and realize the transformation of agricultural development.In this paper,the theoretical background of the separation of three rights,mainly from the following aspects: the first part,introduction.This paper introduces the problem,the background of the topic,the significance of the topic,research methods,literature review and other aspects,highlighting the awareness of the problem and clarifying the research value.The second part is about the practical exploration and existing problems of the mortgage of rural landmanagement right.Select a representative pilot area from the five directions of East,West,North and south,analyze the differences in each pilot area,and summarize the common problems.The third part discusses the legal attribute of rural land management right.Starting from the real attribute to the ought to attribute of rights,this paper analyzes and summarizes the causes of the disputes on legal attribute and puts forward the future improvement path.The fourth part,the real defects of the land management right mortgage system under the three rights separation.Mainly from the system produce the rule insufficiency,the system realizes the mechanism insufficiency to launch the elaboration,points out the present system question.The fifth part is the legal path to improve the mortgage of rural land management right.This paper introduces the relevant laws and regulations of improving the mortgage of land management right and the relevant supporting measures of improving the mortgage,hoping to perfect the mortgage of land management right through specific system design,release the land management right,and promote the development of rural economy.