Research On The Mortgage Of The Right Of Rural Land Contracted-management

The mortgage of the right of rural land contracted-management is a big legal problem, but also an economic and social problem. Modern property law shows the idea to make the best use, which the legal system of real right for usufruct perfectly stands for, in order to use the land effectively with strengthening the application right of land. Property Law defines the character of real right for usufruct in the right of rural land contracted-management, and the academic circles study on the independence and the capacity of disposition, which provides the theoretical support for the mortgage of the right of rural land contracted-management. In reality, it is the core of the problem of the mortgage of the right of rural land contracted-management that the function of social security and financing of countryside land integrates organically. The mortgage of the right of rural land has its reality-base with the weakening and the regional differences of the social security function. But the mortgage problem, which should be settled in urgency with the innovation of the current countryside financial collateral system, faces a lot of barriers, like legal risk, credit risk, the difficulties in disposing the contracted-management right of land and so on. Although the mortgage of the right of rural land contracted-management is illegal under current laws, some practice in reality to bend the rules provides the new train of thought for constructing new rural financial collateral system: The rural financial guarantee must be combined with the right to land, focused on the land to design the system; The rural financing mode should be developed in way of cooperative practice to discover and develop the countryside economic organization; A suitable lending institution should be chosen to consummate the rural financial service. So in the context of combing the characters of the cooperative and the financial organization, the writer suggests founding a cooperative financial organization to center around the right of rural land contracted-management. At the same time, some supporting measures, like registration for tansfer system and value assessment of land and so on, should be improved.