Study On Legal Issues Of Mortgage Of Management Right Of Farmland

the legal issues concerning the mortgage of Management right of Farmland are quite controversial in the academic circles.Many problems have been exposed in practice.How to break through the bottleneck of land management rights mortgage and deepen the practice of land management rights mortgage is very realistic for solving agricultural and rural problems at the present significance.this paper analyzes the current mortgage legal system and practice,and finds that the legal nature of the Management right of Farmland is not clear,and there is a contradiction in the legal connection of mortgage Management right of Farmland.Insufficient supply of mortgage rules,imperfect registration and evaluation systems,low bank loan enthusiasm,neglect of farmers' needs,and suggestions for related issues.This article mainly discussed and the research is divided into three parts:The first part,we analyze and understand the mortgage of management right of farmland by using legal perspective,including conception of t management right of farmland,the legal nature of management right of farmland and necessity of management right of farmland under the mortgage.The second part we research the mortgage of management right of farmland under present situation and existing problems of the operation from two aspects the law and practice.,the legal problems including The legal nature of management right of farmland is not clear,policy conflict with current law;lack the system of management right of farmland mortgage and so on.And from practice perspective,the problems including registration and evaluation system is not perfection,the incentive of bank is low,Ignore the farmers' demand.The third part is the improvement of the mortgage of management right of farmland.including guiding principle of mortgage of management right of farmland.puts forward opinions from the legal system and supporting measures.modifying the legal status of land management rights and modifying the current law prohibition.Instructing the land management right mortgage system,and the evaluation system are improved.improving the land management rights mortgage risk dispersion system,improving the land management rights transfer market,establishing land banks with Chinese characteristics,and improving many rural land society security system.