A Study On The Construction Of Mortgage System In Rural Contracted Land Management Right

China is moving from the agricultural country to the industrial countries,the degree of urbanization is also rising,the development of agriculture needs from the fragmented operation to focus on large-scale production,in the current situation,the right to land management to comply with China's urbanization Trend,in line with the needs of agricultural modernization road.Since the Third Plenary Session of the 18 th,the policy allows land contracting rights to be transferred in a mortgage manner.The General Office of the State Council and the General Office of the State Council jointly promulgated opinions.This opinion affirms the doctrine of the theory of separation of powers and separates the right of operation from the land contracting right.In the rural land collectively to ensure the nature of our public ownership;to stabilize the contractor's rights to ensure that the land reform to promote;to relax the right to operate the land to stimulate market demand.At the same time,it is suggested that the relevant laws should be amended as soon as possible to ensure that the reform is lawful and that the right to carry out the registration work to do a good job of land reform and establish a corresponding supporting mechanism to ensure the orderly circulation of management rights.Although the policy of the party and the state has allowed and encouraged the circulation of land,including the mode of operation of the mortgage,the legal aspects of the country are still not to modify and formulate,the prohibition of the terms are still in force,the mortgage of the right to operate does not disappear.The legal,policy and judicial interpretation of the relevant normative documents,the court in the judicial practice of how to deal with land management rights mortgage did not reach a consensus,prohibition,avoidance,acquiescence and encourage the results of complex,which is not conducive to the masses The right to land management right to obtain reasonable expectations,can not get the correct normative guidelines.Encouraged by the party and state policies,the right to land management mortgage is the rapid development of rapid development,there are many pilot areas have been the first step,carried out this work,in the work made a lot of successful experience,but also met To a lot of problems.Rural land is indeed the right to register the work of the difficulties,the lack of independent assessment of the work of institutions and professional staff,the mortgage platform is not established in a wide range of practice,the rural comprehensive property rights exchange model worthy of promotion,the establishment of agricultural insurance system It is of great significance to reduce the risk of mortgage operators operating in agriculture.The establishment of a minimum living security mechanism to eliminate the basic livelihood of the farmers anxiety,the establishment of farmers unemployment insurance stable landless unemployment,the establishment of medical insurance mechanism to solve the difficulties of medical treatment,the establishment of farmers endowment insurance Eliminate worries about old age.