Research On The Mortgage Of Rural Land Contract And Management Rights

With tilt continuously promote and support relevant national policy to encourage national "industrialization, urbanization" strategy to the rapid development of urban economy, but agriculture "high input and low output" and other features, plus farmers have competition in the market lack of information, lack of technology, lack of funds and other natural vulnerable, leading to disparities in levels of economic development in urban and rural areas is widening. As a farmer does not occupy a strong economy "voice" of the group, in order to equitably participate in market economic activities, the need to address the plight of the first is the lack of production funds. For the majority of Chinese farmers, in order to achieve the development of the primitive accumulation of capital is the most likely route through the hands of the most valuable means of production- rural land- to achieve.For a long period of time, our farmers have the right to use rural land only labor sense, it does not have the rural land rights and obligations of civil law sense today. After the reform of agricultural production responsibility system, farmers can contract a longer period of collective rural land from their own decisions, on the basis of form and gradually improve the rural land contract and management rights. Without completely lost "rural land" on the premise conditionally transferring management rights, rural land contract and management right mortgage is the best path to farmer development. But according to the provisions of existing laws, in order to obtain funds through the development of rural land contracting right mortgage, there are many obstacles. First, the property is the rural land contract and management rights or property claims, there are questions in the theory. Secondly, whether the mortgage right to rural land contractual management, there is a controversial theory, but also a lack of support for the direct provision of law. Third, mortgage rural land contract management rights in the country to explore practices, for the realization of this right mortgage accumulated a lot of useful experience, but also exposed some problems. Therefore, the establishment and improvement of rural land contract management rights mortgage system, the need to address some of the deficiencies of law and the system design. Specifically, the following aspects need to, first, the abolition of the rural land contracting right mortgage discrimination system; second, to improve the rural land registration system; third, the remo val of rural land contracting right mortgage restrictions; Fourth, recognize the right to rural land contractual management qualification of farmers; fifth, the establishment of rural land contracting right valuation system; sixth, improve the rural land contract and management rights of mortgage risk control system.