On The Mortgage Issues Of Contractual Management Right Of Rural Land

In recent years, our country issued a series of documents about deepen the reform of rural financial system, the decision about the third plenary session of the 18 put forward that" On the premise of upholding and improving the strictest farmland protection system, and give farmers the right of possession, use, income, transfer the contracted land,and the right to pledge the contracted land possession ".The public document about "On deepening the comprehensive rural reform, accelerating the modernization of agriculture a number of opinions" in 2014 clearly put forward that give the right to the contracted management of land mortgage loans. Since then, this is a great reform of the mortgage right to the contracted management of rural land. Land is foundation of the farmer survival; the rural land reform touched hundreds of millions of people’s hearts. In essence, the right to the contracted management of rural land reform of collateral circulation is a kind of land reform, and the reformation directly influences the actual benefits of people. This issue needs to arouse our attentionBased on the farmers’ property rights as the forerunner, first of all, the article discuses the history and status quo about the contracted management of rural land, and then, analyzes its existing problems and reasons, problems include the lack of collateral circulation, the lack of supporting system and the ill impact on the society. Second, this article discuses the research scope of relevant laws and institutions, including the civil law countries and common law countries or region about land circulation and the practice of agricultural land mortgage, so that our country can learn something form them. Then, combining the theory of economics, law, sociology, etc, the article discuses construction of system about rural land circulation system in China, and talk about the necessity and feasibility of this reformation. Finally, base on the related literature research and personal learning and research, I will give some advice about how to reform the rural land contracting management right. And we should pay more attention to the subject and object of mortgage right to the contracted management of rural land circulation and the need to build a relatively perfect supporting facilities and systems. Then, I will talk about the importance of the risk control and create a new way of mortgage. Make sure that we can achieve our purpose.