On Mortgage Of Land Contract Management Right

Right to the contracted management of land as Farmers’ the most important means ofproduction, From the moment it was born, It has to shoulder the double function of means ofproduction and social security. It is the social security function of blocking the utilization andits further development,Make the right to the contracted management of land property rightshave not been fully reflected, But by legal policy to lock up. In order to promote ruraleconomic development, solve the problem of farmers’ financing difficulties this, Allow thecontracted management of land mortgage is inevitable trend. This paper argues that mortgageright to the contracted management of land, should be allowed in the article discusses theconcept and nature of the contracted management of land, right to the contracted managementof land mortgage pilot investigation analysis, understand the current pilot work achievementsand the difficulties, and then in order to solve the contracted management of land mortgagefacing difficulties, puts forward related Suggestions.Value analysis, comparative analysis, this article USES method of legal interpretation inhis writing, the full text is divided into introduction, text and epilogue three parts. There arefour sections in the body, as follows:The first part, the introduction of the concept of right to the contracted management ofland and the nature of a focus on land areas are part of nature. On the nature of the right to thecontracted management of land in the property law of the People’s Republic of China(hereinafter referred to as the "property law") issued before, there are "real","bond says","said the real right and creditor’s rights","said creditor’s rights and property rights" and so onthe different theories."Property law" promulgated, should be classified to the usufructuaryright, in the form of legislation to determine the right to the contracted management of landproperty rights. The debate about the nature come to an end, it is right to the contractedmanagement of land property rights nature provides a legal basis to the mortgage.The second part, this part is subdivided into right to the contracted management of landmortgage pilot investigation and analysis of two pieces. Inspect parts, since from1988to2010are introduced to the contracted management of land mortgage five typical pilot.Through introduction to pilot background, operation process, etc, can clear understanding ofthe right to the contracted management of land mortgage pilot run. Analysis section, the paper introduces the pilot work of the achievements and existing problems.The third part, this part is based on the second part of analysis of the problems of thepilot. Explicitly put forward the establishment of right to the contracted management of landmortgage system constraints. Barriers include legal obstacles and supporting system is notperfect. Not perfect supporting system include: the complete lack of risk preventionmechanism, the registration of land circulation and land value evaluation and other supportingsystem is not perfect.The fourth part, the Suggestions for the divided into the build system of right to thecontracted management of land mortgage, this part is subdivided into two pieces, right to thecontracted management of land mortgage system respectively set up internal arrangementsand the establishment of the external supporting system. Mortgage system to establish internalarrangements including symptom, body, and establish the right to the contracted managementof land to the mortgage process design; The establishment of the external supporting system,based on obstacles facing the third part, put forward the solution. Including the establishmentof the right to the contracted management of land market, the establishment of the mortgagerisk prevention mechanism.