Research On The Mortgage Of The Right Of Rural Land Contracted-management

Land contracting management is the main way of using farmland since the establishment of the household contract responsibility system in Chinese country. The right of land contracted-management was seemed as usufructuary right after the Property Law’s enacting. Based on different ways of achievement, we can divide it into two types of the right of land contracted-management:achievement by household contracted and by other ways.Mortgage is the widest way to guaranty something, by which the guaranty can sufficiently value itself economically.With the development of urbanization and agricultural modernization, agricultural production and non-agricultural operations both need more and more capital, while the right of land contracted-management is an important property right of farmers and it has social attraction to take mortgage finance by using this right. But nowadays it is only wrote in Chinese laws that the right of contracted-management of four kinds of wasteland achieved by other ways can be object of mortgage while the right of rural land contracted-management achieved by household contracted which occupies the most part in farmland is always restricted and can’t adjust to nowadays requirement of rural economy and social development.Therefore, this paper only researches on mortgage the of the right of land contracted-management achieved by household contracted and realize the mortgage of the right of rural land contracted-management through perfecting system of mortgage of the right of rural land contracted-management.This paper can be divided into four parts:The first part is the discussion on connotation of the mortgage of the right of rur al land contracted-management. This part mainly analyzes its abstract, legal characteristi cs,significance and feasibility.The second part mainly analyzes current legislative situation and existing problems of the mortgage of the right of rural land contracted-management. This part analyzes laws relating to the mortgage of the right of rural land contracted-management and dissects sections which hinder the mortgage of the right of rural land contracted-management.These sections conclude body, object, establishment and realization of the mortgage.The third part summarizes practical experience of the mortgage of the right of rural land contracted-management. Though laws haven’t loosed its restrictions on the mortgage of the right of rural land contracted-management, based on some policies of our country, some places have begun mortgaging the farmland which has supported system construction.The fourth part is about the development on system of the mortgage of the right of rural land contracted-management. Through analysing on problems in the second part and by combining the practical exploration in the third part, this paper suggests to loose the string on mortgager of the right of rural land contracted-management, wide the scope of mortgage subject, use the essential ideology of registration when mortgaging, choose relative implement ways of mortgage right and develop relative matched system.