Study On Mortgage System Of Land Contract Management Right

The land contract management right is the basic rights of rural land property rights system in our country under the system of property law. The circulation of it is often limited by the rural collective land ownership. Land is a basic element which the farmers must rely on. it is related to the important factors of the basic livelihood of farmers, the development of national agriculture and the land ecological protection. For the economic significance of the land contract management right, to permit its circulation is necessary especially to establish a mortgage system which can match the system of the land contract management right and the system of the property law in our country. According to the national policy guidance and the academic viewpoint that the separation of the land management right and the land contract management right, the mortgage of land contract management right also has its feasibility. So this thesis is based on the view that to permit the mortgage of the land contract management right is legal, to construct the system which is lack of legislation.This thesis proposes the opinion in system creates of mortgage object, subject, effects, registration and realization of right. Firstly, the mortgage object of the land contract management right is the land management right, that means the land management right can be separated from the land contract management right. It can be used as the object of the mortgage because of its legitimacy, property and circulation. Secondly, the mortgage subjects include the mortgagor and the mortgagee. The mortgagor includes the one who obtained the land contract management right by contract award and the one who obtained the land contract management right by circulation. The mortgagee is not limited to that whether or not to engage in agriculture, whether it belongs to financial institutions, whether it is the member of the collective economic organization. Thirdly, the modes of publicity of the mortgage of the land contract management right is registration. The mortgage goes into effect from the date of registration. The registration should be administrated by administration of the registration of real estate which is determined by the local government. Fourthly, the condition of the mortgage’s realization of the land management right should be satisfied the condition of normal mortgage’s realization. The realization method of mortgage includes discount, sale, auction, and transfers the land management right of a period of time.