Study On The Mortgage Of Family Land Contract Management Right

With the development of rural economy and society, in some developed areas, the main source of income for farmers is no longer the agricultural industry, but non-agricultural industries, farmers dependent on agricultural land weakened the social security function of agricultural land is gradually weakening. In order to improve the utilization efficiency of land, farmers want to mortgage the family land contract and management rights through funding for agricultural development, thus contributing to the development of rural society. However, the current law in order to strengthen the family contracted the social security function, weakening farmland capital property, land contract management rights against domestic collateral. In recent years, "Opinions on deepening rural reform and accelerating the modernization of agriculture", "management rights and property rights of peasant housing mortgage pilot guidance regarding the development of rural land contract" and other series of policies and norms, unleashed allow contracted management of land mortgage right signals, home mortgage land contract and management rights imperative, rural areas, agriculture and farmers will benefit.This paper studies the following questions:how law and policy status of household land contract management right mortgage? How academia household land contract management right mortgage can view? Household land contract and management rights as a home mortgage land contract and management rights of the object. is what kind of rights? Household Land Contract Management Right Mortgage policy considerations lie? Rule of law contracted management of land should be how to design the right mortgage? In this paper, these problems one by one to answer. The full text is divided into four parts:By comparing the first part of the household land contract and management rights dispute cases two mortgage analysis, the research questions. Introduced the research value, research status and research methods.The second part analyzes the characteristics of the household land contract and management rights, focuses on the following three points:the legal nature of the first, contracted management of land rights; second, the subject of rights contracted management of land rights; third, the household contract Compare it with a non-family contract. Secondly, this section reviews the legal status of the family land contract and management rights mortgaged, policy status and academic differences:the first, current law prohibits mortgage contracted management of land rights; second, in recent years, the state has adopted a series of policies support the mortgage contracted management of land rights:third, certainly around the home mortgage land contract and management rights, he said that the negative debate, the author shows that the home land contract management right mortgage support and explain the reason. The above discussion is contracted management of land mortgage on rules designed to provide the foundation.The third section reviews the policy pilot contracted management of land mortgage on the existing problems. In introducing Phoebe County and County of Ningxia Household Land Contract Management Right Mortgage policy on the basis of experience of the pilot, the pilot pointed out four policy issues unresolved:Valuation household land contract and management rights; land ownership registration; land circulation construction markets; risk prevention mortgages. To solve these problems is a prerequisite for the right to contracted management of land mortgage system running smoothly.The fourth part proposes a more complete family of Land Contract Management Right Mortgage and design reasons.