Study On The Issues Over The Mortgage Of Managerial Right Of Rural Contracted Land

To the majority of the rural people, the right to rural land contractual management has been the main family property and means of production. With the development of rural economy, rural population engaged in non-agricultural sector has been gradually increasing, agricultural production by small-scale family farming has been transferring, to large-scale professional business, this resulted in the increase of the demand of capital and flow of land. By 2008, the "the Central Committee of the CCP about To advance Rural reform To develop Certain Major issue Decision"stressed that perfect the right to rural land contractual management capabilities and strengthen the rural economy flow management are important to the increase of the income of farmers. As an important means of land transfer, mortgage entered the field of vision, farmers can finance capital by the means of mortgaging the right of rural land contractual management, it will help to boost agricultural productivity, improve the low level and small-scale repetitive mode of production and increase farmers’income.However, mortgage of the rights of rural land contractual management now faces many practical obstacles, such as the right to land contractual management is prohibited to mortgage by law (the rights of rural land contractual management obtained by means of household contract), financial institutions has no intention in providing small-scale agriculture loans; existing exchange system of rural land use right is not perfect and so on. There are several reasons, first of all, the land still bears most of the farmers living functions, mortgage of the rights of land contractual management exists risk that farmers would lost their land,this will affect social stability. Secondly, China’s current agricultural production has characteristics of low income, high risk, combined with the prohibition of the law, it is difficult to attract credit funds invest in this filed. Finally, the rural land market has no enough participants to effectively stimulate establishment and improvement of the system. As the contradiction between increasingly strong demand for funds in rural areas and narrow channels become more and more prominent, how to solve agricultural financing and take into account the interests of three parties including country, farmers and financial institutions is a theory issue needed to be cracked urgently. Not only are the legal issues, as economic and social problems. This paper taking the rights of land contractual management as the research object has strong practical significance.