Research On Legal Issues Of Mortgage Of Land Management Right

Rural land is the most important capital in the hands of farmers,and it is also the sleeping capital in the hands of farmers.With the acceleration of the urban-rural integration process,in order to activate the value of rural land,the "separation of three rights" reform separated the contracting right and management right of land,and the construction of the mortgage system of land management right has become an important breakthrough to deepen the reform of rural economic system.Mortgage of land management rights is not only beneficial to solve the financing difficulties of farmers,but also conducive to the innovation of rural financial market.At present,China is in an important period of deepening the reform comprehensively,and the mortgage of land management right is highly valued by the Party and the state.In order to completely release the bonus land mortgage,corresponding policies and regulations by national and local support land management rights mortgage transfer,sum up experience in pilot areas is exploring,"civil code" also has been clear about the right to the contracted management of land and land management rights to land mortgage and allowing land use right mortgage.Therefore,in order to maximize the positive role of the mortgage of land management right,we must attach importance to the system construction of the mortgage of land management right.This paper takes the mortgage of land management right as the research object,begins with the interpretation of the concept of land management right and its mortgage,clarifies the legitimacy of the operation of this system,summarizes the experience of pilot areas,finds the current legislation and practical difficulties of the mortgage of land management right,and lays a plan for the system construction.From the perspective of combining theory with practice,this paper explores the legal regulation to solve the mortgage of land management right through literature research and comparative analysis.This paper is divided into five parts.The first part introduces the concept of land management right and its mortgage.The second part first analyzes the legal source and financial theoretical basis,puts forward the reform motivation,and provides the legitimate basis for the national and local governments to carry out the mortgage system of land management right.The third part introduces the pilot areas of the representative mortgage model,analyzes the model of the pilot areas,finds out the causes of the problems in the operation of the model,and draws the enlightenment of the system construction.The fourth part is to find the current legislative difficulties of the mortgage of land management rights in China,including the analysis of the current difficulties caused by the mortgage system of land management rights in China from the scope of mortgage,registration system,specific procedures,mortgage realization and other aspects,while pointing out the deficiencies of supporting measures in the system operation.The fifth part puts forward some suggestions on the construction of the mortgage system of rural land contracting and management right,and tries to build a mortgage road of land management right with Chinese characteristics from the perspective of perfecting the legal system and perfecting the supporting measures.