Legal Consideration On Mortgage Of Land Contract Management Right

With the continuous development of economic society,the existing legal norms about the provisions of the right to the contracted management of rural land has been lagging behind the requirements of social developing,meanwhile it is not conducive to the liberation and development of rural productivity.As a result,it is inevitable to be modified promptly.The article identifies the mortgage of land contracted management rights,as current laws on mortgage prohibiting has already seriously hindered farming reproduction expansion and the properly usage of rural idle land.Therefore,economics profession put forward the theoretical supposition of “three principles division” on rural land system.Politically,the State has already adopted this theory by posting articles to definitely support mortgage right to contracted management of land.This article puts emphasis on the necessity and feasibility analysis about mortgage of land contracted management rights,together with case study of diverse experiments;and it is to illustrate the points that China should promptly reconstruct the contracted management of rural land mortgage system and modify related legal norms and judicial interpretation to perfect corresponding supporting system.