Research On The Legal Issues Of The Realization Of Land Management Right Mortgage

Under the "separation of the two rights" system,the financial channels of the whole rural land in China are not smooth,the mortgage of land contractual management right is strictly prohibited by law,and the lag and limitations of the separation of the two rights are more and more obvious.With the development of rural economy,the phenomenon of rural land circulation is more and more frequent.In order to meet the requirements of practice,China’s policies have reformed and innovated the "Three Rights Separation" system of rural land,and the land management right was born.This right undertakes the mission of developing rural finance.The laws and policy documents have also given it the conditions for financing guarantee,and the land management right itself has the ability to carry out the reform Various conditions of mortgage guarantee.In the pilot area,the government is also promoting the development of land management right mortgage,and the realization of land management right mortgage is a core issue.The realization of land management right mortgage is related to whether the whole work of land management right mortgage can be carried out smoothly.However,there are many difficulties in the realization of land management right mortgage.First of all,the nature of this right has been unclear since its birth.The focus of dispute is whether this right is a real right or a creditor’s right.After the amendment of the land contract law of the People’s Republic of China,the right to land management has become a legal term,but this problem has not been answered in law.The unclear basic theory also leads to the right to land management It is difficult to formulate other regulations on mortgage work.In practice,the pilot model of land management right mortgage can be classified into direct mortgage model,counter guarantee model and combined guarantee model.Through the investigation of these modes and the empirical analysis of the judicial cases after the amendment of the land contract law,we can divide the existing problems in the realization of the land management right into the registration problems in the realization of the land management right mortgage and the valuation problems of the bid winning objects in the realization of the land management right mortgage.The registration system of land management right mortgage is the premise of the realization of land management right mortgage,but there are some problems in practice,such as the lag of legal provisions and the deviation of legal implementation.At present,the nature of land management right is unclear,which leads to the uncoordinated development of mortgage registration,and the mode of mortgage registration is not in line with the policy goal of implementing the separation of three rights in China.Therefore,it is necessary for the law to determine the land management right as soon as possible We should improve the registration of land management rights and strengthen the unified registration system of land management rights.In the process of realizing the mortgage of land management right,whether the scope of the mortgaged subject matter includes the crops on the land or not,there are no relevant provisions in the laws before Ming Dynasty,the valuation of land management right also lacks the guidance of relevant laws,there are problems of valuation difficulty,lack of professionals and professional institutions,which need to be improved as soon as possible,and a good land management right circulation market should be established.The realization way of land management right has its particularity.When applying the general method of mortgage realization in the civil code,there are some problems,such as the inappropriate discount method,the high rate of auction,the difficulty of realization and so on.This requires the law to stipulate the new realization way of land management right as soon as possible,try to establish the compulsory management mechanism,improve the auction system,and establish the risk sharing mechanism.