Study On The Issues Over The Mortgage Of Managerial Right Of Rural Contracted Land

Market mechanism is the principal measure of social resources' allocation, and land property right is its manifestation, i.e. the property right could be circulated reasonably. As China's land property right couldn't be the target object in the market circulation, therefore, on the basis of the legal status of real right of the managerial right of rural contracted land set in Rural Land Contract Law, the land contractor is endowed with the right to possess the circulation of the managerial right of rural contracted land, besides, mortgage is one of the major modes of circulation. However, the present mortgage system of the managerial right of rural contracted land remains in the stage of its embryonic form, hence, there are still many defects. The thesis, basing on the present law, especially under the frame of newly-passed Real Right Law, expounds its discussion concerning the mortgage of the managerial right of rural contracted land in order to be beneficent to find solutions to meet those issues.The thesis consists of three parts: introduction, main body and conclusion. There are three chapters in the main body.Theoretical analysis on the mortgage of managerial right of rural contracted land appeared in chapter one. Varied reasons object to the mortgage of managerial right of rural contracted land (chiefly the managerial right of household contracted land) have been offerred in this part, and have been refuted respectively. It came to the conclusion that it is of vital significance to endow peasants the managerial right of household contracted land.Basic standpoints of current law on the mortgage of managerial right of rural contracted land have been stated in chapter two. In this part, after the analysis of related provisions from Guarantee Law, Law of Rural Land Contract and Real Right Law, conclusion has been drawn that dualization exists in the current mortgage of managerial right of rural contracted land: the managerial right of plow, private plot and private hill through household contracts couldn't be mortgaged; however, the managerial right of uncultivated land through other ways couldn't be mortgaged.Suggestions have been advanced over perfecting the mortgage of rural managerial right of contracted land in chapter three. In this part, respective suggestions have been put forward concerning the designated mortgage subject of managerial right, the scope used to set the mortgage of managerial right of contracted land, the relationship between the mortgage of managerial right of contracted land and the mortgage of land attachment, the registry force of the mortgage of managerial right of contracted land, choice of registry administration and the realization of the mortgage of managerial right of contracted land.