关键词： 三权分置, 土地经营权, 抵押, 法律适用

Abstract: The Amendment to the Law of Rural Land Contract (Draft) has made a series of modifications to the legal relationship subject,the establishment and the realization of the mortgage of rural land management right.In the mortgage of land management right,the legal status of the "peasant household" and the joint possession between the members of the peasant household should be clearly defined,and the stability of the land contracting relationship should be maintained.The establishment of the mortgage right shall fellow the registration validity doctrine.Subrogation can be applied to protect the mortgagee,and the purging right can be used to protect the buyer of the mortgage in the case of the recirculation of the land management right.The legal application of the mortgage of rural land management right must be based on the property law,the security law,the law of rural land contract,land administration law and other departmental laws,and a perfect mortgage system for the rural land management right should be established to improve the corresponding operation guarantee system.

Key words: division of three rights, the land management right, mortgage, legal application, operation guarantee