| Under the view of "separation of the three rights" of contracted land,release of land management rights is the core of the "separation of the three rights",and the mortgage financing of the land management right is the key point of releasing the land management right,and the realization of the mortgage right of the land management right is the key to the mortgage financing of the land management right.On the basis of figuring out the scope of property realized by mortgage of land management right,including land management right and land fixed property,but not necessarily including the crops on the ground,it is clear that the value evaluation of land management right should be carried out by professional evaluation institutions and evaluators with objective and fair evaluation criteria when the mortgage of land management right is realized based on the present situation of land management right value evaluation in China.On the problem of realizing the mortgage of land management right,the limitation of the traditional way of realizing the mortgage of land management right hinders the smooth realization of the mortgage of land management right.We can introduce special ways such as repurchase,compulsory management,compulsory contracting,loan reorganization,shareholding and so on to solve the difficult problems of realizing the mortgage of land management right.When disposing of land management rights,we should still follow the principle of land circulation in which the members of the collective economic organization exercise the priority of land circulation within a reasonable period of time under the same conditions,and the right of free choice of mortgagor should be respected in the event of priority concurrence of members.In addition,the mortgage of land management rights is full of risks and the role of government risk compensation funds is limited.Based on the social practice of our country and drawing lessons from the legal experience of developed countries,our country should establish a perfect policy-oriented agricultural insurance system,and release the potential of land management right mortgage financing by setting up compulsory land management right mortgage insurance to disperse farmers’ land loss risk and financial institution lending risk. |
