Study On The Necessity Of Mortgage Of Land Contractual Management Right

Right to the contracted management of land is an important production and living materials, it undertakes Chinese farmers’social security and the basic property of the dual function. But with the development of market economy, the farmers’income presents the tendency of diversification, the function of social security of right to the contracted management of land increasingly weakened. More and more farmers liberated from agricultural production, engaged in non-agricultural industries development, agricultural production towards modern professional production mode transition. So farmers demand for land circulation especially mortgage finance, the country was right to the contracted management of land mortgage the climax of the theory research and innovation practice. But the contradiction between the current laws and regulations and the pilot policy, makes the land contract and management rights mortgage become one of the most controversial topic. This article focus on the mortgage legal relationship, standing in the perspective of land mortgage mortgage targets, right to the contracted management of land and the right to the contracted management of land relative human perspective to analyze the necessity of right to the contracted management of land mortgage.First of all, the essence of the right to the contracted management of land mortgage is the right of mortgage, the usufructuary right to the contracted management of land has legitimacy, property and liquidity conform to be right all the conditions for mortgage targets. But under the existing legal framework, the right to the contracted management of land attributes to identity that liquidity restrictions on property is not implemented, rights can be separated, however, to assume the contract right of social security function with identity attribute shall be preserved and more property and liquidity management of circulation, can effectively solve the above contradictions, make greater right to the contracted management of land within the limits of "make".Second, mortgage right to the contracted management of land is one of the ways that people exercise their rights and realizing rights. Right to the contracted management of land people on the one hand, can according to the content of the right according to the performance of land use of land for their profits. On the other hand, because the right to the contracted management of land has exchange value, the obligee may also be within the scope of permission to be granted to others and earn profits. Through right to the contracted management of land mortgage for money, not only can support agricultural production, can also be devoted to the development of non-agricultural industries, thus maximizing the farmers’ land rights.Finally, the right to the contracted management of land mortgage debt and financing can make the right to the contracted management of land people become more convenient, at the same time, reduce the risk of the other party transactions, creditor’s rights and achieve a more secure, so as to protect the interests of the right to the contracted management of land relative person.