Research On Usufructuary Right Mortgage System Of China’s Collective Land

The rural areas in China contribute numerous manpower and land resources etc. for the cause of reform and opening to the outside world, but have more and more lagged behind the urban areas, especially the urban and rural income gap is being gradually widened. This paper is aimed for the purpose of agricultural development and seeking for guarantee in laws and systems to improve the farmers’ income, specifically, establishing collective land usufruct mortgage system. The collective land usufruct is not only involved in the design of laws and systems, but also the perfectness of market economy operation system, more importantly, it concerns the vital interests of farmers, while farmers’interests are involved in the issues of agriculture, farmer and rural area and are the key point concerned by the national policy. For10years continuously from2004to2013, the first document of the Central Committee of CPC has been themed on the issues of agriculture, farmer and rural area. Although the existing law holds a negative attitude partially toward to the collective land usufruct mortgage, with the development of society, perfectness of social guarantee system, gradual weakening of land social guarantee function and gradually strengthening demands of the farmers on financing, in order to adapt to the development of socialist market economy, it is necessary to take precautions, design the collective land usufruct mortgage system and meanwhile perfect relevant supporting systems to make plan for the future litigation.This article is divided into three parts. The first part discusses the current situation and problems of collective land usufruct mortgage system. First, dualization mode is adopted for the collective land usufruct mortgage system in litigation. The legislative stipulations of China on collective land usufruct mortgage system are not only disordered and ambiguous, there also some set patterns not broken through in some aspects an they adapt to the requirements of the market economy on large-scale production. Second, it introduces the problems existing in collective land usufruct mortgage system, mainly the dualization of weighing criteria. Finally, it introduces various reasons for objecting collective land usufruct mortgage, including land security theory and administrative theory and analyzes and refutes these reasons. Facing various problems in the existing theories and practices, on one hand, it is required to consider the nature of collective land usufruct and on the other hand, further analyze the possibility for design of collective land usufruct mortgage system.The second part mainly analyzes the necessity and feasibility to perfect the collective land usufruct mortgage system. The analysis on the necessity to perfect collective land usufruct mortgage system is mainly centered on being beneficial for famers to solve the problems of difficult financing and promoting the adaption of legal system to the development of productivity. After fully discussing the necessity, the author demonstrates the feasibility for three usufruct mortgages contained in collective land usufruct.The third part mainly discusses the perfectness of collective land usufruct mortgage system. First, it determines the scope of subject and object to which the collective land usufruct mortgage is set; second, it discusses the validity for mortgage registration of setting of collective land usufruct and the selection of registration authority; third, it discusses the situations that might be encountered in the realization of mortgage set for collective land usufruct and propose suggestions against these situations; finally, it expounds the construction of supporting systems of collective land usufruct mortgage, which is manly analyzed from the aspect of reforming financial system in rural areas and perfecting the rural social security system.