Some Problems Of Rural Land Contract Management Right Mortgage System

Financing is crucial to resolve Issues concerning agriculture, countryside andfarmers and develop rural economy. Support and subsidy from government isindispensable for rural development, but self-finance of farmers is also crucial.Actually, farmers are bothered by financing difficulties due to the lack of highquality guarantee. This article aims to demonstrate that permission of mortgage ofland contracted management right is an effective measure to resolve the problemregarding financing difficulties of farmer.This article is composed of five chapters. Chapter I describes the background,in which the author presents the reason advocating the permission of mortgage ofland contracted management right.Chapter II is the general description of ruralcontracted management right, it argues the concept of rural contracted managementright, regulations contained in existing law and judicial explanations concerningmortgage of rural contracted management right as well as author’s view to such legalprovisions. The author has also quoted the reasons opposing settlement of mortgageof land contracted management right.In Chapter III, the author has given sufficientarguments to disprove those who object mortgage of land contracted managementright, and certifies that Theory of Social Security, Theory of Cultivated LandProtection and Theory of Difficult Execution are untenable. The author has furtherargued the necessity and feasibility of rural land contracted managementright.Chapter Ⅳis the key part of this article. The author presents concrete measuresto perfect mortgage system of rural land contracted management right. It emphasizesprecondition giving full play of rural land contracted management right whichincludes well established legal system and related supporting system, such as socialsecurity system for farmers, agricultural insurance system and establishment of ruralland circulation market. In Chapter Ⅴ,the author summarizes main views of thisarticle. The advantage of this article rests on its sufficient disproof to the reasonsopposing mortgage of land contracted management right, and its demonstration ofvarious perspective that mortgage of land contracted management right obtainedthrough household contract management should be allowed in China. Due to thelength of an article, it does not analyze practically existing cases of land contractedmanagement right, and it does not involve research of comparison method. For anydefects, valuable comments and instructions from tutors is expected.