Analysis On The Mortgage Of Land Management Right Under The "Three Rights Separation"

On December 29,2018,the seventh meeting of the Standing Committee of the13 th National People’s Congress passed the amendment to the rural land contract law,which was implemented on January 1,2019.The new rural land contract law establishes the land management right on the basis of the original dual structure of "land ownership land contract management right",which is a major institutional innovation to adapt to the development of rural and agricultural economy in China.And on the basis of the establishment of "Three Rights Separation",the feasibility of land management right mortgage is affirmed.It can be seen that the mortgage of land management right has been fully affirmed at the level of our legal system.The gradually established land management right mortgage system breaks the gap between agricultural production and operation and financial market,and effectively solves the problem of capital shortage faced by farmers’ production and life.However,from the guidance of the State Council in 2015,it can be seen that due to the imperfection of market and legal mechanism,there are many problems in the practice of land management right mortgage,such as high probability of credit risk and difficulty in financing realization.First of all,according to the policy and law,this paper discusses the connotation of land management right,clarifies the classification of land management right in legislation,analyzes the academic research on the legal attribute of land management right,compares the different views,and puts forward the views and reasons of this paper.Then,combing the evolution of laws and policies about the provisions of land management right mortgage,and expounding the current legislative dilemma of land management right mortgage.Secondly,through the empirical study,this paper introduces the advantages and disadvantages of mortgage models in detail,and makes an empirical analysis on the practical difficulties of rural land management right mortgage.Finally,from the main body,the subject matter,the establishment and Realization of the mortgage and other aspects,this paper tries to build a legal system for the mortgage of the land management right,and combined with the difficulties of the land management right in the practical practice,to construct a supporting system,so asto establish and improve the mortgage system of the land management right in China.This paper takes the legislative establishment of "Three Rights Separation" as the background,compares and analyzes the practical mode of land management right mortgage in the pilot villages,summarizes and summarizes the experience and shortcomings of the pilot projects all over the country,and puts forward the overall design of land management right mortgage system,in order to accelerate the long-term and effective implementation of land management right mortgage,fully protect the legitimate rights and interests of farmers,and promote The rational utilization of rural land resources can realize the modernization of agriculture in China.