Right To The Contracted Ranagement Of Land Acquired By Means Of Mortgage Research

The contracted management of land is the main mode for use of agricultural landin our country, obtains the right to the contracted management of rural land has ahousehold and the household contract in two ways. At present, the rural way of get rightto the contracted management of land is given priority to with family contract way.Mortgage as a very important financing tool, plays an important role in the social andeconomic life. At present, the construction of modern agriculture, the rural industrystructure optimization and upgrading and the improvement of living standards offarmers, are necessary for the construction of the capital. Therefore, adopting the way ofmortgage financing channels by social attention. But, our country law only specify theright to the contracted management of land can be acquired by means of householdcontract mortgaged object, and the ways to achieve a more normal household contractright to the contracted management of land mortgage, has become a legislative vacuum.If the contracted management of land acquired by means of household contract cannotinvolved in mortgage financing, is bound to restrict and hinder the financing needs ofrural construction in China. Just discussed with the contracted management of landacquired by means of household contract whether mortgage related issues. Are analyzedfrom the aspects of the way of household contract of land contracted management of thepresent situation of the mortgage, and put forward the construction of right to thecontracted management of land mortgage system of legislation and Suggestions, toguaranty the smooth implementation of has the vital significance.The text is divided into five chapters:The first chapter is about the connotation of the right to the contracted managementof land mortgage parsing. Describe the concept of right to the contracted managementof land mortgage and points that should pay attention to accurately understand andgrasp its connotation.The second chapter discusses the status quo of the contracted management of landmortgage. This chapter is divided into three parts, the first part expounds the designingrules of right to the contracted management of land mortgage. The second partexpounds the academic circles to the contracted management of land mortgage twoconflicting claims. The third part expounds the plight reasons of right to the contractedmanagement of land set mortgage, there are lack of legislation, lack of the rural social security, reveals the unfair current household registration system and imperfect landmarket from four aspects.The third chapter is about the necessity of right to the contracted management ofland mortgage analysis. The necessity of right to the contracted management of landmortgage mainly includes:(1) increase the agricultural production capital sourcechannel (2) can effectively relieve rural surplus labor force(3) to improve land useefficiency.The fourth chapter analyses the feasibility of the contracted management of landmortgage. Makes an analysis from two aspects of legal theory and reality, the realitycalls for efficiency and the fair value concept, the law does not expressly prohibit thecontracted management of land mortgage in our country, our country land circulationmarket, provide a platform, the successful experience of exploration in our country canpromote, the mature outside of agricultural land mortgage legislation experience forreference.The fifth chapter explores the implementation of the right to the contractedmanagement of land mortgage in our country path. The first is the improvement of thelegislation on source. Four Suggestions are put forward. Secondly puts forward theemphasis on the social security set up three security system, broadening the sources offunds, and improve the laws and regulations of social security system three Suggestions.Third, reform the existing household registration system. Finally is to establish a perfectagricultural land appraisal system, establish special agricultural financial institutions,and actively develop intermediary service organizations to strengthen the constructionof the market.