A Perfect Study On The Security System For Financing Rural Land Management Rights

"Letting go of the right to operate land" is an important policy guidance under the background of "separation of power",the division of land management rights has given the right to transfer agricultural land,and the legislation has gradually liberalized the prohibition of establishing financing guarantee with "land management right" in order to improve the property value of agricultural land.With the pilot work has achieved phased results,the introduction of relevant supporting policies,legal provisions,land management rights financing security system in the process of exploration and constantly improve,has initially for the system of the system to build a good foundation.However,due to the legal nature of the right to operate the land is still controversial,the institutional framework of financing guarantee of land management right is always difficult to build,the current legislation chooses to use the general concept of "financing guarantee",avoids the specific provisions of the guarantee mode,resulting in the system in the publicity mode,the contractor’s consent right and the disposal mode and other key issues there is a greater controversy.The theory of beneficial property right for land management right is the best theoretical choice in the current legislative context,as the land management right with beneficial right should be included in the scope of property that can be secured by mortgage stipulated in Article 399,paragraph 7,of the Civil Code,and the financing guarantee of land management right should be realized by using the mortgage right system.Therefore,the security system for financing land management rights should be revised and perfected by reference to the relevant provisions on mortgage rights in the real rights of the Civil Code,and the "registration and entry into force doctrine" should be adopted in the way of establishment;When the mortgagor establishes the mortgage on the land operator,it does not need the consent of a third party(land contractor);There is no need for special disposal methods to refer directly to the provisions of article 410 of the Civil Code on the disposal of collateral.