Research On The Legal Issues Of The Mortgage Of Rural Land Contractual Management Rights Under The Perspective Of "three Rights Separation"

At present,the development of agriculture in China is changing from traditional agriculture to modern agriculture,the demand for highly-concentrated capital emerges as the characteristics of high investment and high yield in modern agriculture.As an important way of rural land transfer,the mortgage of land contract and management right can provide effective support for farmers to get financing and loan.However,the mortgage financing of land contract and management right by the household undertaking way are prohibited in existing law in China,as a result,the huge capital value of land can not be realized.In order to solve this problem,the Central Committee of the Communist Party of China put forward the concept of rural land reform based on the separation of the land ownership,land tenure and management right,which provides a feasible way for the mortgage of land contract and management right obtained by the household undertaking way.Based on the understanding of the legal connotation of the"three rights separation",combined with the practice of the mortgage of rural land management right in China,this paper tries to discuss the legal problems involved in the rural land rights mortgage system with the land management right as the object through empirical analysis and value analysis.First of all,starting from the logic of the theoretical and policy basis of the"three rights separation"of the rural land,this paper combs the policy of "three rights separation"of rural land and clarifies the property of the land management right,and proves that the rural land can be mortgaged.Secondly,through summarizing the experience of the rural land contract and management right in pilot areas under the guidance of the"three rights separation"policy,this paper further analyzes the practical difficulties faced by the mortgage of rural land contract and management right,and puts forward the of solving the above problem-establishing the mortgage system of the rural land right with the and management right as the object.Finally,this paper puts forward some reasonable suggestions on the establishment of the supporting mechanism of the mortgage system of the rural land right from the perspectives of the way of mortgage establishment,the effectiveness of mortgage,the subject and object of mortgage right.Carry out the mortgage of land management right is necessary requirement to achieve"loosening up the land management right",and it has certain advantages to establish the mortgage system of the rural land rights in China with land management right as the object of mortgage.With the gradual advance of the pilot on the mortgage and financing of rural land rights in China,writing the civil rights involved in agriculture into Civil Law and the rural land contract law of People's Republic of China about to be modified will make specific institutional regulations on the guarantee mode of land management right,the way of mortgage establishment and the specific structure of the mortgage right.