Research On The Mortgage Of Rural Land Management Right

The development of agriculture has always been related to human survival and social development.With the development of science and technology and the improvement of productivity,higher requirements have been put forward for agricultural production.Agricultural production by the previous individual labor to industrialization,scale,industrialization of the direction of development,the mode of production has become mechanized.The mode of large-scale production is bound to be "big input" and "big output".Since the input of production should be increased,the problem of capital has become one of the main problems that agricultural producers should consider.Farmers have relatively narrow financing channels and no more capital to be used for mortgage financing.Land is an important capital owned by farmers,but China’s "property law" prohibits farmers from using their land contracting right or land management right for mortgage financing.The prohibition of law is bound to produce certain hindrance to the development of agriculture.In order to solve the problem of farmers’ financing difficulties,the central government put forward the concept of "three separate rights" of land ownership,contract right and management right,and used the land management right derived from the land contract right to transfer and mortgage,which has solved the problem of farmers’ shortage of funds,and set up some pilot experiments.At present,the academic circle also discusses the transfer and mortgage of land management rights quite a lot.The author also tries to analyze the legality and rationality of the mortgage of land management right from the Angle of jurisprudence and practice.The article is divided into the following four parts: The first part analyzes thetheory of "three rights separation" and the legal theory behind it,sorts out the processof the theory of "three rights separation",and interprets the legality of "three rightsseparation" from the perspective of legal theory.The concept of land managementrights,right nature,has carried on the system in this paper,the power source,on thewhole,the land produces two kinds of views,a think land management right is theright to the contracted management of land rights division,another land is on the basis of the right to the contracted management of land derived a kind of usufructuary right,I agree with the second view.On the basis of this,the author expounds the property right attribute and the property right attribute of the land management right.In the second part,the author analyzes the actual needs of mortgage financing of land management rights.Theoretically,from the perspective of property law and security law,this paper expounds the feasibility of land management right mortgage,and in practice,analyzes the transfer of rural labor force and the increase of production cost,and refutes the view that land bears the social security function.The third part,through the Shandong Shouguang city,Guizhou Fenggang county,Ningxian Conxin county three pilot three different mortgage mode analysis and comparison,and the pilot system obstacles are sorted out.Through judicial cases to understand the mortgage system problems.In the fourth part,in the face of the institutional dilemma faced by the mortgage financing of the existing land management rights,the author tries to put forward Suggestions on the improvement of the supporting system,the revision of the law and the increase of the corresponding social security,hoping to provide some feasible Suggestions for the mortgage of the land management rights,so as to promote the legality and feasibility of the mortgage.