Mortgage Study Of Farmland Management Right Under The Separation Of Three Rights

With the promulgation and implementation of the civil code,the land management right is allowed to enter the financial market for mortgage,which solves the dilemma of farmers’ lack of collateral for financing for a long time.Although the "Civil Code" and "rural land contract law" affirm that the land management right can be mortgaged,the mortgage of land management right is still lack of specific system construction,which needs to be improved by law.This paper is divided into five parts.The first part introduces the concept and nature of the right to land management.It is very important to identify the real right as the guarantee form for its mortgage.It also analyzes the feasibility of implementing the mortgage of the right to land management in China and the evolution of the mortgage process of the right to land management.The second part,combined with the current situation of China’s practice and legislation,clarifies the problems existing in the pilot model from the analysis of different mortgage models in the pilot areas;from the perspective of China’s existing legislation,analyzes the problems existing in the subject,object,scope of collateral,establishment and Realization of the mortgage of land management right.The third part studies the scope of the subject and object of the land management right.From the perspective of the mortgagor and the mortgagee,it defines that the mortgagor is the contracting farmer and the new agricultural management subject,and the mortgagee is the financial institution.With the progress of the reform practice,the existing regulations will be appropriately extended to the general natural person,legal person,social organization,etc Non financial institutions.It is clear that under the two forms of mortgage,if the contracted management right does not transfer,the object of mortgage is actually the land management right;after the transfer of the contracted management right,the object of mortgage is the land management right.The scope of the subject matter covered by the mortgage is applicable to the procedure of realizing the real right for security.When the mortgage is realized,it extends to the natural fruits such as the crops on the ground.If the agricultural supporting facilities form the relationship between the principal and subordinate things with the land before the mortgage is realized,then when the mortgage is realized,the agricultural supporting facilities are within the scope of the effectiveness of the mortgage.The fourth part,the establishment of land management right mortgage.It is reasonable that the mortgage should be set with the consent of the contractor.The registration of mortgage should adopt the principle of effective registration,and the establishment and registration of land management right is the prerequisite for the implementation of mortgage registration.Obtaining the land management certificate is the certificate to prove the land management right,which can avoid the phenomenon of repeated mortgage.The fifth part is about the problems in the realization of land management right mortgage.Including the way and procedure of mortgage realization,the deficiency and perfection of the supporting mechanism of mortgage realization.In the way of realization,if the contracted land is operated by the contractor himself,the land contractual management right is used as the mortgage,and the compulsory management method is adopted to avoid the farmers losing the policy bottom line of the contracted land management right;if the land management right is transferred to the third party operator,the mortgage is realized by auction and sale.The special procedure of realizing security interest is adopted in the procedure of realization.The supporting mechanism of mortgage realization,such as the lack of land management right price evaluation mechanism,mortgage risk compensation mechanism is not perfect,has not yet established a standardized agricultural land property rights trading platform and other issues need to put forward reasonable suggestions.