| The right of rural land contractual management is a special means of production, has been charged with the farmer finally living security mission. From the logic point of view, the law has a variety of restrictions on the transfer of land contract management right, in particular the prohibition of the mortgage of land contractual management right by family contract. In fact, with the development of rural economy, agricultural income has not become the main part of family income, land security function is weakening. In2008, the central government emphasizes that establish and perfect the contracted land circulation market, develop various forms of moderate scale management."383" reform plan in2013point out that giving farmers the mortgage rights in based on the existing land ownership. These policy documents show the attitude of the mortgage of land contract management right has eased. While the state approved the Chengdu, Chongqing to set up the experimentation area of the development and reform of the urban and rural, allow the combination of theory and practice of the land of transfer and circulation, providing the blueprint of exploration for the mortgage of land contract management right. With the scale and industrialization of agriculture, the contradiction between the legal limitations and the pilot activity has posed a potential danger. Academia should face up to these problems, put forward feasible path for the mortgage of the right to land contractual management, promote the sustainable development of rural economy.The full paper is divided into four parts:The first part is to define the mortgage of land contract management right. This paper discusses the connotation, the characteristics, theoretical basis and significance of the mortgage of the right to the contracted management of land. It demonstrates the basic theory of mortgage from the right of the contracted management land is the disposition of the usufructuary right, illustrates the necessity of the mortgage from the angle of real significance, lays the foundation for later in the paper.The second part is the legal comment of the mortgage of land contract management right. Through analyzing the current law system of the right of rural land contractual management, the paper points out the existing problems:the narrow range of mortgage object, the vague establishment of the mortgage right, the weak protection of mortgagee’s benefits, then rethink the dualization to the right of the contracted management land, proposes that the mortgage of land contracting right can be fully liberalized in the case of the time is ripe.The third part is the practical inspection of the mortgage of land contract management right. It mainly introduces the land circulation patterns of Tongxin county of Ningxia province, Zaozhuang city of Shandong province, Tianmen city of Hubei province, Chongzhou city of Sichuan province, evaluates the advantages and disadvantages of each model, and summarizes the common problems. The problems are: lack of the basic law, haven’t perfect land contract management right transfer market and corresponding mechanism. This chapter discusses them from the practice level, work in concert with legal aspects of the previous chapter, make the mortgage of land contract management right behind more targeted.The fourth part is the construction of the mortgage system of the right to land contractual management. The article describes the construction of the mortgage system of the right to land contractual management from two aspects of basic legal system and related mechanisms. Among them, in the basic law, the main provisions of the subject, object of the mortgage of the contracted management land right, and the setting, the effect, the implementation of the mortgage; in the supporting mechanism, advocates the perfect social security system of countryside and the agriculture insurance mechanism, improving the transfer market of the land contractual management right, the innovation of rural land financial system. |
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