关键词: 土地经营权, 融资担保, 风险防范, 法律问题

Abstract: Study the legal issues related to the land management right financing guarantee of the newly revised “Land Contract Law of the People's Republic of China”. The nature of land management right should be treated differently. The land management right with a circulation period of less than five years embodies the nature of creditor's rights, and the rest should be recognized as the property of usufruct. The implementation of the new law provides legal support for the financing guarantee of land management rights, but it still faces the practical problems of unknown guarantee subject, single realization method of security right, incomplete value evaluation system, and inadequate risk prevention and control mechanism. Through the improvement of legislative norms, strengthening the construction of risk prevention and control mechanism and value evaluation system, the goal of releasing rural land management rights and promoting the modernization of agricultural production is achieved.

Key words: land management right, financing guarantee, risk prevention, legal question