Study On The Dilemma And Outlet Of The Mortgage Of Land Contract Management Right

There has a negative attitude toward the mortgage of contract management right of land obtained through household contract in the prevailing rural land law system. In order to protect the farmers' fundamental right to life, it bases so much on the value orientation of "order" in terms of system design that neglects the value of “efficiency” at some level. Meanwhile, based on the needs of social security, the production functions of rural land will inevitably be weakened. However, with the overall development of urban and rural, the conflict between the large-scale development of agriculture and the prevailing rural land law system becomes more and more prominent. Among them, to get rid of the institutional obstacles of the mortgage of contract management right is the most pressing and difficult task for the reform of the right circulation and the innovation of rural financial system. The legal supply lags contradict with the strong demand for lifting the ban of mortgage of the contract management right in practice. The document adopted in the Third Plenary Session of the 18 th Central Committee of the CPC is a policy response for the practical needs, which give farmers the right to mortgage the contract management right.This text consists of three parts, introduction, body and conclusion. The body is with four parts.The first part of this passage introduces the concept of the right to land contractu al management and it's mortgage.Then it presents the provisions for the mortgage of t he right to land contractual management in the existing laws and judicial interpretatio ns and policy documents. Furthermore we make a discussion theoretically on the feasi bility and necessity of the mortgage of the right to land contractual management. Th e feasibility of mortgage is base on that the right to land contractual management shal l possess the ability to disposition as a usufructuary right.The weakness of social secu rity function of land and the right to land contractual management permit to transfer p rovides feasibility for the mortgage right to land contractual management.Mortgage i s a necessary requirement to allow innovation of rural financial system and the necess ary requirement to develop the value of land efficiency,also the development of urba n and rural modern agriculture.At the second part, we make a study and analysis on the typical pattern of the righ t to land contractual management. This section is divided into three parts,the method o f this study a brief assessment and summary.Then to sum up the problem and achieve ment of this study and to understand the operation through the introduction of the pilo t background and operational procedures, we takes a effort to analyses.The third part clearly puts forward to the restraining factor of the right to land co ntractual management mortgage system which is base on the analysis of the second pa rt. It including the deficiency of the value for current system- design efficiency and fa ctors of production functions of rural land mortgage system in a policy document base d on the force of law and the supporting systems for the right to land contractual mana gement.The fourth part focuses on how to improve the mortgage system of land contract management right. It's recommended that the pursuit of value should reflect the value of efficiency, and highlight the production function of land. At the same time, amending the relevant existing legislation to provide protection and complete the supporting systems, like mortgage registration system, the transfer market of land contract management right and the construction of risk prevention and compensation mechanisms.