Research On The Legal Issues Of The Realization Of The Mortgage Right Of Land Management Right

Since the "three rights separation" theory was formally put forward in 2014,China has been exploring the mortgage of land management rights in pilot areas.The newly amended "Law of the People’s Republic of China on Rural Land Contracting" came into effect on January 1,2019.This is the first time that the land management right has been legally allowed to be guaranteed by financing.However,it has not specified the specific details of the financing guarantee for land management,and exist gaps in legislation.Firstly,starting from the particularity of the realization of the right to mortgage the land management right,the impact of the "three rights separation" theory on the realization of the right to mortgage the land management right and the realization of the mortgage right in the rural land financial reform is analyzed.Ground attachments and plant species should be included in Scope of mortgage realization;Secondly,the model of land management right mortgage loans in Jilin Province,Ningxia Tongxin County and Hunan Jinxi County is analyzed.The implementation methods of mortgage rights adopted in some pilot areas are listed and statistically analyzed.At present,the system insufficiency of the realization methods in the realization of the land management rights in the pilot areas is summarized,including the defects in the mortgage evaluation mechanism,the lack of a mature evaluation system for the valuation of land management rights,and the lack of supporting mechanisms for farmers’ survival.Again,although the current mortgagee is mainly a commercial bank,the implementation of the agreement discount should not be adopted when the mortgagee is a commercial bank.However,the application of the agreement discount in the mortgage of land management rights should not be completely denied.The Land Bank can apply the agreement discount to realize the mortgage right when participating in the mortgage of land management rights according to its own characteristics.The use of auctions and sales should be restricted when the mortgagor is a farmer.and with reference to the experience in the pilot areas,the procedures should be standardized,the land transaction rights trading platform with broad coverage,and the forms of rich auctions and sales should be led by the government.In addition,the implementation of mandatory management is recommended to be increased.Although the legislation stipulates that members of collective organizations have priority in the transfer of land management rights,since the legislation has recognized the land management rights as independent property rights,it is recommended that the provisions of the priority in the transfer of land management rights be deleted to facilitate the right On mortgage.Repeatedly,by analyzing the provisions on the evaluation methods of land management rights in some pilot areas,comparing the advantages and disadvantages of different evaluation methods,and putting forward recommendations for small-scale land management rights mortgages,the market price comparison method is more convenient and suitable for both parties to determine.For large-scale land management rights mortgage,the income reduction method can reflect the value of land management rights in the future,which is more in line with the mortgagor’s expectations.Finally,put forward reasonable suggestions on the supporting mechanism of the land management right mortgage system,including the construction of a unified land management right transfer platform,the establishment of farmers’ survival rights protection mechanism,and the establishment of a multi-faceted risk prevention mechanism.