The Institutional Impediment And Restructuring Of The Hypothec Of Contracted Land Management Right

The current system doesn’t allow hypothec of the farmers’contracted land right. It has severely hampered the financing function of farmland. In the background of agricultural scale management asking for huge financing requirements, various regions are trying to test how to hypothec the contracted management land. However, experiments promoted by the governments under the bottleneck of hypothec are all "false hypothec", which not only increase the transaction cost, and largely increased market risk government itself.According to the investigative experience, local government, financial institutions, agricultural operator and foreign capital are still in the cooperation games. The controversy of contracted land management right hypothec has not yet surfaced disputes and the hidden trouble of the conflicts between current legal system and the pilot policies is objectively exist. In the context of current agricultural basic production and the agricultural scale development, the Institutional impediment breaking of contracted land management right hypothec becomes the most urgent and difficult task nowadays.This paper analyzed various samples of the contracted land management right hypothec, abstracts three typical models and review the innovation and limitations, described the basic pictures of current contracted land management right hypothec system and provide empirical analysis of samples for in-depth discussion.Chapter2analyzes the impact of the policies of contracted land management hypothec rules set up and realize the institutional obstacles of current system and the basic solutions of these obstacles.In chapter3this paper reconsiders the value orientation of current institution, provides the theoretical premise of the institutional innovation of the hypothec of contracted land management right.Chapter4is about contracted land management hypothec system rules. This paper discusses rules with the traditional hypothec set standards, including hypothec legal relationship, hypothec right validity, effectuation of the contracted land management hypothec right. This chapter also discusses the major disputes of this institution and gives the independent conclusion.In the last chapter this paper analyzes the auxiliary systems of contracted land management hypothec system, including the platform, risk prevention, village social security system, land utility control system and the judicial organ response to every contracted land right hypothec experiments.