Rural Land Contract Management Right Mortgage Research

At this stage of China’s household contract responsibility system is the main form of land use in rural areas, given the land to bear the vast majority of farmers in rural welfare and social security function of the mission. Along with social progress and economic development, rural industrial structure has undergone tremendous change, and farmers can get more non-agricultural industry profits, not only do not depend on the land, but also create a contractual right of transfer of rural as well as financing demand; while agricultural industrialization and modernization of rural development also requires the transfer of land to focus on the implementation of scale..These realities need to be a land contract and management rights to the social basis of collateral, and lead to all parts of society the right to land contractual management practice and exploration of collateral. In reality, for the right to land contractual management, there is a legal quagmire that mortgage-obtained by the household contract land contract management rights can not be secured. The right to land contractual management by basic content analysis shows that mortgage, land contract and management rights are the right mortgage real mortgage, it has four basic characteristics for the full recognition of the land contract and management rights of the mortgage has laid a theoretical foundation. From the theoretical level, analysis of the feasibility of land contract management rights secured, but not perfect legislative norms, the social security function of land as well as practical difficulties in three areas of land contract and management rights as the reality of the plight of mortgage. To overcome these difficulties existing, it is necessary to further regulate the land contract and management rights in the collateral subject and object of legal relations, rights and obligations, the establishment, implementation, and eliminate, disputes and other aspects of law-making, but also need to cultivate rural land market, a reasonable assessment mechanism, improve the social security system, security system and other aspects of financial innovation and good supporting system. It is the only way to further ensure the rural land contract management right mortgage running smoothly.