Research On The Mortgage Of The Land Management Right Under The "Tripartite Rural Land Entitlement System"

With the development of economy in our country,people's standard of living is higher day by day.meanwhile,we have to see the gap between urban and rural areas are still exist.At present,there are need a lot of financial to support developing the rural economy and obtaining large-scaled and industrialization of agriculture.In addition to the national financial support,farmers also need through their own ways to get financing.At present,the land is the farmers most valuable production data,it shall be the farmers financing guarantee,however,when our country began to legislation,they are more consider maintaining social stability and safeguard farmer's life,at last,the legislation in China prohibits a mortgage of the land contract of managerial.With the constant improvement of the social security system in our country,as well as the national policy level are demanding improve rural land property rights,allowing the mortgage to the contracted management of land has been the trend of the times.In order to adapt to the trend,it is necessary from the legal level to explore the land management right for mortgage problems,and put forward the corresponding solutions.At present,with the rapid increase of the economy in our country,the demand of the financial is getting larger and larger,there have been increasing calls for perfect the land power,faced with this situation,the national policy level and relevant pilot units on how to perfect the contracted management of land mortgage made some useful attempts.At present,the policy tends to through the "tripartite rural land entitlement system" theory to the contracted management of land three,namely ownership right,contract right,and right of management,and only allow the management of the mortgage.Although the policy has allowed the mortgage of the land management right under the "tripartite rural land entitlement system" theory,but whether its maneuverability,whether against the relevant provisions of the current law has not been unified the answer.At present,there are still many practical obstacles to solving the problem of the mortgage of land management rights under the"tripartite rural land entitlement system" theory.First of all,how to defined the nature of the land management right,whether it is the creditor's rights or the property right?Real right of the land management right of the natural is beneficial to the land management right mortgage smoothly,but is the real right of land management right against the principle of "one right of one thing"?secondly,the law of our country regulates comparatively sweeping in the main body of the ownership right of rural collective land,finally affect the normal circulation of rural land;at last,there are have some problems of the system of rural land on board in our country.Because our country does not require the contracted management of land acquired by means of household contract take effect registration model,it results the start of China's rural land registration approval work into the problem,also,there are has different provisions of rural land registration in our country,lead to some problems in land registration work.and lead the right to register the land management right is not yet on the agenda,But the land registration approval work is the premise of the right to the contracted management of land mortgage.Finally,in addition to the legal obstacle,there are many the obstacle of the real operation,such as has not build system of land circulation market,has not yet been determined land value evaluation system,etc.To solve these problems,the author mainly discusses how to perfect China's right to the land management right from the legal level of mortgage system.Discussed the subject,object,and finally realize the mortgage of the right to the land management right,based on analysis,the corresponding solutions are proposed as well.At last,to achieve the orderly conduct of the contracted management of land mortgage,in addition to legally allowed,a set of effective measures of building is also essential.In addition to the need to perfect our country land circulation market and build special land value appraisal institution,supporting the realization of the mortgage right,the improvement of the corresponding agricultural insurance also is essential.