Study On Mortgage System Of Land Contractual Management Right

It is of great significance to grant mortgage right for the landcontractmanagement right to build a new type of agricultural management system,grant farmers more property rights,and promote the integration of urban and rural development.The rural land use system as stipulated in the current laws can no longer meet the needs of social development.It is particularly necessary to establish a feasible and complete mortgage system for the landcontractmanagement right.The central government put forward the theory of "three rights separation" to provide direction for the construction of a mortgage system for land contracted management right.The rationality of building a mortgage system for land contractual management right and how to construct it have been discussed by scholars for a long time,but the detailed interpretation of the "three rights separation" theory,and on this basis to discuss how to construct a mortgage system for land contractual management right is rare.This article begins with the theory of "three rights separation" and interprets the theory of "three rights separation",and discusses the related issues of the mortgage system of land contractual management right based on this theory.Apart from the foreword and conclusion,the body of this paper is divided intofive sections:At the first of the article,it introduces the origin of the research on the landcontractmanagement right mortgage.This part illustrates the necessity of constructing a mortgage system for the landcontractmanagement right from the three aspects of the practical significance,legal norms and policy provisions of mortgage of the landcontractmanagement right.The second part introduces the properties of themanagement rights of land under the contract.It mainly introduces the economic function and social security function carried by the land contract management right,and concludes that the land contract management right has both the nature of usufructuary rights and the nature of social security,and is a special usufructuary right.The third part analyzes the rule of how to executethe Land Contract of Managerial Expertise.The discussion in this section is based on the conclusion of the second part.First introduced the "three rights separation" policy.Next,the analysis concludes that the purpose of the "three rights separation" proposal is to promote the circulation of land managementright and give farmers more property rights.Then it interpreted the "three rights separation" and considered that "three rights separation" was in line with legal logic.Then it defines the scope of land household rights and landmanagerial rights,and proposes legal expression of land contracting right and land management right,clarifying the relationship between "three rights".Finally,it is considered that it is feasible to realize the mortgage of land contracted management right under the perspective of "three rights separation".The fourth part discusses the specific construction of the mortgage system of the landcontractmanagement right mortgage.Based on the theoretical basis of the third part of the study,this part combines the relevantprovisions of the Property Rights Law,and discusses one by one the problems of the object of the mortgage,the subject of the mortgage,the establishment of the mortgage,and the realization of the mortgage.The institutional design of the mortgage ofthe landcontractmanagement right mortgage was carried out.In the fifth part,it discusses the perfection of the supporting system of land operation right mortgage.A complete supporting system is a necessary prerequisite for the sound operation of the land management right mortgage system.This section discusses the five aspects of land ownership right registration and certification,the establishment of a rural land property rights trading platform,the establishment of a land value assessment system,the improvement of the rural credit system,and the improvement of the agricultural risk prevention mechanism.This section provides suggestions for the improvement of the relevant supporting system.