Research On The Realization Mechanism Of Financing Guarantee On Managerial Right Of Land

The improvement of managerial right of land is the key point of the separation of three rights reform,which is related to the stable development of rural society and the sustained and balanced growth of the rural economy.The construction of financing guarantee theory is of great significance to enrich the guarantee property system and to provide theoretical support for the next step of land reform.As an emerging right,managerial right of land has been controversially defined.The enactment of the newly revised Rural Land Contracting Law has caused a series of system issues surrounding managerial right of land,including financing guarantees for managerial right of land in which the specific regulations are very vague.In the era of the Civil Code,the discussion of such issues as the characterization of managerial right of land,qualitative impact on the establishment of financing security rights,what kind of financing security rights can be established on managerial right of land,the realization methods of different security rights,ways to realize security interest has more theoretical and practical significance.Although managerial right of land has obvious attributes of creditor’s rights,the characteristics of property rights cannot be ignored.Characterizing it as a property right can avoid the unilateral and one-sided problem.The determination of managerial right of land and the transfer of creditor’s rights of contracted land do not affect the choices of financing guarantee form,while the transfer of property rights changes the original contractual relationship,which means new managerial right of land cannot be derived,and there is no separation of three rights.The construction of mortgage right must distinguish between different entities.When the non-contractor is the right holder of managerial right of land,there is no difference between the mortgage on the transferred managerial right of land and the general mortgage financing transaction.When the owner of the land contractual management right is the financing guarantee subject,it should be considered that the object of mortgage is still a contractual right rather than a management right since there is no new managerial right of land.Improve the mortgage registration system,adopt the registration effectiveness,and give more adequate protection and right relief based on the effort of demonstration.Delete the regulation that takes five-year circulation period as the registration standard,and give equal protection to rural land management with different periods.Possibilities should be given to the establishment of a pledge security model of managerial right of land,pledged as a pledge of the right does not affect the actual use of the pledged value of the pledged property and the right to use the proceeds.The nature of managerial right of land can also be explored,to give priority to the proceeds of the guarantee to settle the secured claims.It is necessary to distinguish the main body to explore the realization method of the mortgage right.When the assignee of managerial right of land is the mortgagor,all the realization methods of the security interests are applicable;when the contractor is the mortgagor,the method of discounted agreement is excluded.Based on the theoretical conception of the pledge of income rights,the security right holder can use the proceeds of the security subject to get compensation.It is also a good way to introduce the mandatory management model to enrich the realization of financing security rights.