A Study On The Mortgage Of Right To Rural Land Contractual Management

The The right to land contractual management as a product under specific historical conditions has made undeniable contributions to the development of agriculture after the reform and opening up,but it has been scrutinized to this day that this "contracted management system" production model still fails to jump out of thousands of our country.The small-scale peasant economic model that has been formed over the years and the “high input,low output” economic shape have increasingly become obstacles to China's rural economic development.Facing the rapid development of the socialist economy with Chinese characteristics,how to promote the reform of land contractual management rights is not only a problem in the legal circle,but also a problem of the times.The "comprehensive deepening reform decision" made by the CPC Central Committee at the Third Plenary Session of the 18 th CPC Central Committee made a policy response to this issue and made further plans for the direction of future reforms.The concept of "three powers" was put forward as a kind of policy innovation,which promoted another round of discussion on the mortgage of land contracting management rights in the legal theory circle.From the perspective of history,the author analyzes the rationality of land contractual management right mortgages through various aspects such as the analysis of China's current legal provisions and major theories,and then puts forward his own opinions and suggestions for its institutional construction.This paper is divided into four parts.The first part analyzes the form of farmland in our country's history and explores the historical origin of land contractual management rights.Further elaborates the legislative status quo and the actual needs of the land contractual management right mortgage and the conflict of the policy concept of "three rights allocation",and attempts to explain the land contracting management under the "three rights allocation" theory through the "debt" nature of "land use right".The legal path of the mortgage.The second part is the analysis of the problems faced by the implementation of land contractual management right mortgage in China,including the author's social empirical analysis,ideological barriers,and possible problems in the implementation.The third part is the social practice and comparative analysis of land contractual management right mortgages in different regions.Combined with the practice of land contractual management rights mortgage in China,the paper analyzes the innovation points and deficiencies of the current types of mortgage models and uses the system of land contracted management rights mortgage.Design provides practical experience and institutional blueprints.The fourth part expounds the basic idea of the design of the mortgage system of land contractual management right from the four aspects of the subject of mortgage,the range of collateral,the establishment of mortgage,and the realization of mortgage.