Research On Mortgage System Of Rural Land Contract Management Right

The land contractual management right is an important property right granted by the state, and it is an important production material for farmers to create wealth. The land contractual management right is not only a tool for the farmers’basic life support, but also a factor of production. In the current legal framework of our country, the mortgage of the land contractual management right has not made a unified and complete response..Instead. the attitude about the national policy of the land contractual management right of the mortgage has released, as well as the approval of Chengdu. Chongqing and other places for the pilot mortgage of the land contractual management right. the land-contractual management right of the mortgage in practice in full swing. The contradiction between the limitation of the law and the activity of the practice is obvious, and we have every reason to believe that the mortgage of land contractual management right is necessary and feasible. To make sure the right can be operated in an orderly operation, the legislation of our country should stipulate the land contractual management right can be mortgaged, and through the construction of the concrete rules and the establishment and improvement of the relevant supporting system. On the summary analysis of the relevant provisions, this paper attempts through the literature collection and collation to have an overall understanding of the current situation of the mortgage of the land contractual management right. In order to provide theoretical support and system support to the mortgage of the land contractual management right, this paper will conduct the normative analysis and value analysis to the mortgage of the land contractual management right.This paper is divided into five parts:The first part is the introduction part. This part mainly introduces the origin of the paper, the research status of the mortgage of the land contractual management right in our country, and illustrates the significance of the topic.The second part is the analysis of the current law about the mortgage of the land contractual management right. There has a systematic understanding through the analysis of the current law to the land contractual management right of the mortgage, pointing out the problems such as the object scope width has different rules, registration system has fuzzy problem.The third part is the necessity and feasibility analysis of the mortgage of the land contractual right. It is necessary and feasible to analyze the mortgage of the land contractual management right in the case of the actual situation of our country.The fourth part is to construct the rules of the mortgage of the land contractual management right. In order to make the mortgage of the land contractual management right can be carried out smoothly, this part will build the rules of the substantial requirements and formal requirements. put forward the mortgage of the land contractual management right adopts the principle of regional discrimination.The fifth part is the establishment of the supporting system of the mortgage of the land contractual management right. The mortgage of the land contractual management right smoothly can not be separated from the supporting system. In this paper, I will put forward from six aspects to the land contractual management right of the mortgage which needs the supporting system, including the improvement of the registration system, the risk prevention mechanism, the establishment of the farmland changing market and so on.