Study On The Realization Of Mortgage Rights Of Rural Land Management

Under the vision of "three rights" of rural land,the right to operate farmland is extremely flexible and reasonable.How to make efficient use of the transfer of farmland management rights to promote financial and social capital to the countryside is an important concern for the development of agricultural and rural economy.The mortgage of agricultural land management rights is one of the important ways of using agricultural land for financing at present.The mortgage makes the lender obtain the right of mortgage,and the mortgage protects the interests of creditors to the maximum extent by giving them the right of priority to be paid,thus its primary task is to guarantee the realisation of claims.However,in judicial practice,there are still many problems in realising the mortgage right of agricultural land management.The current situation of the mortgage of agricultural land management rights in China shows that there are many reasons why it is difficult to realise the mortgage of agricultural land management rights.On the one hand,it is the physical problems affecting the realisation of the mortgage right of agricultural land management,such as the identification of the mortgagee and the definition of the mortgaged property;on the other hand,it is the procedural problems of the realisation of the mortgage right of agricultural land management,such as the qualification examination of the buyer in the auction process and the restriction of the right of first refusal.In this regard,the relevant legal provisions should be refined,the value assessment system should be improved,the construction of the transfer platform should be accelerated,the method of realisation of the mortgage right should be innovated and social security should be improved,so as to enhance the efficiency of the realisation of the mortgage right of agricultural land management,to give full play to the attributes of the capital element of agricultural land management right and to truly realise the reform goal of releasing the land dividend.