Research On The Mortgage System Of Land Management Rights In The "Three Rights Separation"

In order to conform to the new normal of economy,the system of Land Management Right has been put forward creatively.Under the background of the new era,compared with the original peasant inside the collective,the scope of the right subject has been expanded to other subjects outside the collective.Of course,it is not only the further expansion of the subject scope,but also the rich connotation and extension of this new right.At the same time,this right has also been recognized into the scope of collateral,which is a new right subject to mortgage loans to banks,to achieve large-scale production,broaden the channels of finance.Since the central government issued the policy to carry out the mortgage loan business,each local government has been exploring different local operation mechanisms according to the local conditions.Seeing the practice,in view of the current law has not been amended,in many areas,the prohibition of the law led to the new right subject did not directly carry on the operation of mortgage.On the contrary,the representative regions combine mortgage with counter-guarantee,shareholder ownership and circulation income rights.Although the practice has made a positive response to the theory,the theoretical research on this issue is still insufficient,especially the core concept is still controversial and the basic legal theory is discussed.Chaos in theory will inevitably lead to the disorder of practice.Therefore,it is imperative to strengthen the construction of basic theory and clarify the legal relationship among them.Through reflection on the exploration practice of each local area,I will systematically analyzes the specific mortgage relationship between the subjects and their rights and obligations under the legal framework.At present,there are some difficulties in approving the mortgage contract,carrying out the mortgage registration,constructing the rural trading platform center,certification and so on,so the whole operation chain is prone to appear a series of questions,such as low efficiency,small quota and disputes a lot.Otherwise,how to dispose of this new collateral becomes the most intractable.The local judiciary,in accordance with central policy and local documents,has been approved the new mortgage system,still encountered a lot of resistance in the implementation phase.At the same time,different operating mechanisms in the jurisprudence,showing a certain system shortcomings.How to ensure banks and other financial institutions to obtain smoothly priority debt repayment has become the most concerned issue.Since the whole country has not yet formed a unified law to regulate the operation of this system,the local judicial organizations have a greater degree of self-control in dealing with the same problem.This greater discretion comes from documents issued by local governments,so the reform fully reflects the characteristics of government-ledIn addition,the mortgage system can be implemented smoothly with other supporting systems.They all play important roles.For example,it needs the support of evaluation system,the insurance system and the risk compensation system to ensure the whole mortgage system operating successfully.In the same way,the local government is in a core role to work,from the land-to-measure to the right certificate,from the registration to the financial subsidy,the local government require invest adequate human,financial,material and technical support.It is an opportunity and a challenge to gradually extend the business from all over the country.So the system construction is the foundation.The good operation of the system will bring in the orderly development of the practice.The construction of the mortgage system is one of the way to solve the financing problem of the new type of agricultural main body.It is hoped to guide the social capital into the agricultural land market in a more standardized way on the track of the rule of law.Furthermore it will form a virtuous circle with the production of the countryside.