A Study On The Legal Issues Of Mortgage In Rural Contracted Land

With the rapid development of China’s economy, the continuous advancement and improvement of modern agriculture, a large number of rural population into the city, to seek the development of the city, thus resulting in the continuous decline of the rural areas. Countries facing the new form, strategic adjustment, vigorously develop modern agriculture, and rural land contracting management right mortgage is development of modern agriculture and revitalize the rural economy, is conducive to the improvement of rural labor productivity, ensure food security and the supply of agricultural products, promote the increase of farmers’ income. Therefore, how to promote the rural land contracting management right mortgage, the use of land, actthe land of farmers to stay in rural areas, so as to bring the maximum economic income to farmers, has become an important issue facing the rural economy of our country.March 2016. The rural land contracting management right mortgage pilot Interim Measures "by the people’s Bank of China and the relevant departments jointly promulgated, the clear provisions of the pilot areas of rural land contract management rights can be secured. Therefore, it should be allowed to rural land contractual management right mortgage is no longer a problem, the key is how to carry out the management of rural land contract mortgage, which is an important issue in front of us. Is in such a situation, for the full implementation of the national policies, continue to deepen rural financial reform and innovation, revitalize rural land assets, steadily push forward the reform of the rural land system, it is necessary to implement the rural land usufruct, giving farmers enjoy more property rights. In this paper, the according to the actual case of the existing legal provisions and some pilot areas of rural contracted land management right of mortgage, using and the related legal theory research, analyzes some problems existing in the rural land contracting management right mortgage, and put forward some suggestions to perfect.This paper is divided into three parts:The first part is some cases of the mortgage of the right to operate the rural land contract. Through the analysis of the case, it reflects some problems in the mortgage of the right to operate the rural land contract.The second part is to discuss the mortgage of the right to operate the contracted land in rural areas. This paper briefly discusses the connotation, characteristics and significance of the mortgage of the right to operate the rural contract land, the relevant provisions and legal evaluation of the current law on the mortgage of the right to operate the rural land contract.The third part is the perfect suggestion of the mortgage of the management right of the rural contracted land. Respectively, from two aspects of the basic legal system and related mechanisms, the construction of the mortgage system of the right to operate the rural land contract. Among them, in the aspect of legal system, we analyze the rural land contracting management right of mortgage setting and implementation; in the supporting mechanism, advocates the perfect rural social security system, improve the rural land contract management rights transfer market, establish and perfect the financial system of rural land.