Practice Investigation And System Improvement Of Financing Guarantee Of Rural Land Management Right

The reform of "Three Rights Separation" has realized the separation of collective land ownership,land contracting right and land management right.The production of rural land management right can better play the economic function of rural land.Agricultural land financing can meet the financial needs of operators to develop agriculture,and it is an important force to support and serve the development of "agriculture,rural areas and farmers".However,the guarantee of agricultural land financing has always been restricted by the property law,guarantee law and other laws and regulations.Since the pilot reform of mortgage financing of rural contracted land management right was launched in 2016,the rural land contract law implemented in 2019 clearly stipulates that rural land management right can be guaranteed by financing,and vigorously promotes the financing guarantee activities of rural land management right from point to area.However,as the financing guarantee of rural land management right is in its infancy,and the relevant system and guarantee mechanism are not perfect,it is urgent to study the financing guarantee system of rural land management right.The specific research is carried out from the following four aspects: first,the financing guarantee of rural land management right is defined theoretically.This paper expounds the emergence and connotation of the right of land management,proves that the right of land management has the nature of creditor's rights,and analyzes the legal basis and significance of promoting the financing guarantee of the right of rural land management;secondly,it investigates the main modes of financing guarantee of the right of rural land management and the handling of judicial practice.By comparing and analyzing the main modes of financing guarantee of rural land management right,we can find that there are certain commonalities in the objects of financing guarantee and the provisions of guarantee objects of each mode,which require financing guarantee from financial institutions,setting specific guarantee proportion,etc.The handling of judicial practice is mainly manifested in the following aspects: the court's low application rate of the provisions allowing the financing guarantee of the rural land operation right,the vast majority of the plaintiffs are financial institutions,the court's low proportion of litigation claims supporting the priority of repayment of the mortgage of the land operation right,and many cases of forging the contract of the land operation right to defraud loans;then according to the practice of the financing guarantee of the rural land operation right,the court can It is concluded that the promotion of rural land management right financing guarantee mainly faces two major difficulties: institutional obstacles and mortgage are difficult to realize: institutional obstacles are reflected in the conflict of relevant laws and regulations,the relatively single main body of fund supply stipulated in relevant documents,the higher requirements for financing guarantee objects,and the insufficient publicity of rural land management right.The main reason why the mortgage is difficult to realize is that the value of the land management right is difficult to evaluate,the way to realize it needs to be improved,and the risk sharing mechanism is not perfect.Finally,in view of these problems in practice,adhere to the principle of protecting farmers' rights and interests,based on the goal of realizing the financing guarantee function of the rural land management right,through improving the relevant laws and introducing non-financial institutions as the main body of fund supply,unify the standard of the object of the financing guarantee of the land management right,establish the contract record platform to solve the system obstacle of the guarantee of the land management right;improve the way to realize the guarantee by improving the value evaluation system of the land management right,and establish the multi-mode risk prevention mechanism to promote the realization of the mortgage of the land management right.