Research On Mortgage System Of Land Management Rights

In 2014,China put forward the policy of separation of the three powers.In the No.1document of the CPC Central Committee and the State Council on speeding up the development of modern agriculture and further enhancing the vitality of rural development,it mentioned two goals,one is to stabilize the contract right,the other is to activate the management right;At the fifth meeting of the Central Leading Group for Comprehensively Deepening Reform in September 2014,it was proposed to form a legal framework of separation of ownership,contracting rights and management rights and transfer of management rights.This premise is that rural land belongs to collective ownership,and only in this way can the separation of contracting rights and management rights be promoted.On December 29,2014,the Seventh Session of the Standing Committee of the 13 th National People’s Congress voted and passed the decision to amend the Rural Land Contracting Law,making the separation of the three rights of rural land legal.Guidelines on guiding orderly transfer of rural land management rights to develop appropriately large-scale agricultural operations stated that a mechanism for handling mortgaged assets will be explored by carrying out pilot projects to guarantee the mortgage of land management rights.The Rural Land Contracting Law does not clearly stipulate the circulation mode of mortgage,but leaves room for the circulation mode of mortgage in the form of provos.The Civil Code implemented in 2021 deleted the provision prohibiting mortgage on cultivated land,and in Article 399,the management right of land was excluded from mortgage So far,the legal status of mortgage of land management right in China has been determined.According to the rules formulated by the Rural Land Contracting Law and the Civil Code,we can know that the mortgage of land management right mentioned in this paper can be divided into two types:land management right contracted by other means and land management right acquired by household transfer.Based on the above legal provisions,this paper introduces the development process and current legislation of the mortgage legislation of land management right,and puts forward the problems such as the lack of clear object registration system that the mortgage of land management right must be agreed by the contractor and the shortage of supply.From the point of view,suggestions are put forward for the object registration of land management right.Firstly,the nature of land management right should be analyzed.The property of land management right should be identified as a new model of usufructuary right of immovable property.Only in this way can the owner of the management right be better protected and the purpose of legislation be realized.More flexible land circulation management,based on the analysis of the nature of the land I think can delete land mortgage shall be the contractor agrees to condition,for this new type of rights,land management,we should be after the clear positioning of the usufructuary right attribute should not be restrictions on the mortgage on the status of the main body,let the mortgagee can freely dispose of it The power of the received.Land mortgage object need through the analysis of two different types of land after the mortgage can be found,according to the regulations of the rural land contracting law known as a family transfer of land mortgage object for land management,and other methods to obtain the land management way is by getting to presumption of the object to the end of the land management rights conclusions.According to Article 47 of the Rural Land Contracting Law,the mortgage of the land management right operated by the owner of the contracted land management right should adopt the mode of registration public confrontation,while the mortgage of the land management right transferred in other ways should adopt the mode of registration effective.