중국의 토지경영권 담보제도에 관한 연구

Agriculture is related to the survival of mankind and as a large agricultural country, China has always been committed to agricultural and rural development. Civil Code of the People's Republic of China (hereinafter referred to as Civil Code) has systematically recognized the policy of “Three Rights Division” of rural contracted land, and added the right to land management in the title of real rights. Under the “Three Rights Division” policy, the ownership, contracting right and management right of rural contracted land are separated, and the land management right is allowed to be mortgaged for financing. Both Civil Code and The Rural Land Contract Law have made institutional responses to the mortgage of land management right. However, in the new round of land reform, it is necessary to further improve the mortgage system of land management right, promote rural reform and revitalize the rural economy. Based on China's relevant national policies and current laws, this article combines the practical experience and theoretical achievements of the pilot areas to first interpret the focus of the “Three Rights Division” policy, summarize its policy deduction,and point out “ownership-contracted management rights-land management rights” to be the appropriate legal expression of policy terminology. On this basis, the article further elaborates the current legislative status and policy breakthroughs of land management rights mortgare in China, summarizes the three major models of land management rights mortgage and analyzes the causes of the real difficulties of land management rights mortgage. Finally, in response to the above issues, suggestions are made to promote the legalization of policy discourse, to promote the registration of rural land rights, to attach importance to the overall construction of the land circulation system and multiple control of mortgage risks in order to find out the appropriate path for the legal regulation of land management rights mortgage and be beneficial to the development and improvement of our country's rural land system.