A Discussion On The Pledge Of The Contracted Management Rights Of Household Farmland

In China,farmland contracted management system is a major system in the usage of the farmland.With the progress of society and quick development of economy,circulation of the contracted management rights of farmland is becoming more and more frequent;however,there are abuses which are in need of improving in the laws in force about the circulation.It should be legislatively clear that the contracted management rights of farmland can be pledged,and a corresponding pledge system of the rights should be designed to build a perfect supporting system for the pledge.This treatise is divided into three parts:preface,text and conclusion. The text includes four chapters.The preface is supposed to point out the importance of land and the significance of theoretical researches on the pledge of the contracted management rights of farmland,and expound the research method,content and purpose of the treatise.In Chapter 1,the essence and attribute of the contracted management rights of farmland are discussed.Firstly,the connotation of farmland is defined;and then the types of the using of land both at home and abroad are analyzed;and next different expressions for the terms in the contracted management rights of farmland are distinguished;finally,the sense of essence and attribute of the rights are discussed,such sets a basic theory for further researches.In Chapter 2,the provision for the circulation of the contracted management rights of farmland by the laws in force and the application of pledge in the contracted management fights are inspected.Firstly,the provision of the laws in force for the means and principles of the circulation of the farmland contracted management fights is analyzed,and the shortages and abuses are pointed out;secondly,the ambiguity and contradiction of the provision in the laws in force for the pledge of the contracted management rights of farmland are explained;thirdly,the "negating view" about the pledge of the contracted management rights of farmland are refuted;finally,the pledge's need and feasibility of the farmland contracted rights are discussed,and it is pointed out that It should be legislatively clear that the contracted management rights of farmland can be pledged.The conclusion of this chapter serves as an essential logic prerequisite to the following two chapters,which are about the research of system designs.In Chapter 3,a legislative suggestion is put forward for the pledge system of the contracted management rights of farmland.A basic thought and pattern for the pledge system of the contracted management rights of farmland is interpreted to the discussion of the design of the system from the respects of the subject,object,content,creation,deadline,and legal protection of the pledge,the realization of the mortgage rights,and the offset of the pledge.This is the focus and the core chapter of the text,which based on the previous two chapters,and set the direction for the following chapter.In Chapter 4,the building of supporting systems for the pledge of the contracted management rights of farmland is studied.Three major issues are analyzed,including the perfection of rural social security systems,the reform of the household register act,and the development of the market for the circulation of the contracted management rights and intermediary agent. It is pointed out that supporting systems are essential.The conclusion part is a brief review and summary of the treatise; once again it explains the purpose the treatise,and then gives an interpretation for the analysis that is not penetrating enough.