A Study On The Mortgage Of Rural Land Management Right In China

With the acceleration of urbanization and the continuous promotion of agricultural scale and intensive management,the reform of rural land system is imperative.In order to fully realize the value of rural land,China proposed in2014 to realize the “separation of three rights” of ownership,contract right and management right of rural land.For the implementation of the reform idea,activate the rural financial capital,promote the development of agriculture,in232 China has carried out land mortgage pilot projects,and achieved positive results,but because of the lack of legislation,and imperfect mortgage related supporting measures such as reason,land mortgage in practice has also exposed many problems to be solved.The problems existing in the mortgage of land management right in pilot areas can be analyzed from two aspects: the establishment of mortgage and the realization of mortgage right.Based on the current situation of China’s relevant legislation and practice in pilot areas,the author finds that there are mainly problems in the establishment of mortgage of land management right: the ownership of rural land is not clear,and the confirmation and certification work needs to be further promoted;The mortgage requires the consent of the contractor,which increases the burden on the proprietor of the land;The registration of mortgage of land management right is not clear,and there is no unified registration and publicity system;It is difficult to evaluate the value ofland management right,the evaluation result is unreasonable,lack of credibility and so on.In terms of the realization of the mortgage right of the land management right,it includes: the scope of the mortgage right of the land management right is not clear,and there is still a dispute over whether it can be attached to the land;It is difficult to realize the disposal of land management right,which affects the participation of financial institutions.The existence of these problems seriously restricts the smooth mortgage of land management rights and hinders the process of agricultural modernization.To clear the existing obstacles of rural land management rights mortgage,guarantee the implementation of the land mortgage,suggested on the basis of summarizing the experience in pilot areas,legislate to follow up in time,to speed up the rural land management rights mortgage of special legislation,the establishment of perfect land mortgage and the relevant provisions of the implementation of a mortgage,for the development of China’s rural land management rights mortgage legal basis.In addition,we should improve related supporting mechanisms,such as: promote the construction of rural land management right transfer market;Establish multi-level risk sharing mechanism;Improve the value evaluation system of land management rights;We will improve the rural social security system and build a rural land bank with Chinese characteristics.