The Research About Mortgage System Of The Land Contract Management Right In China

Under the background of the state’s vigorously enacting policies to encourage and support agricultural and rural development,China’s rural construction has developed rapidly,and rural land transfers have also expanded and accelerated.The subject of land transfers has become increasingly diverse.In order to achieve development,a large number of farmers,especially all kinds of new agricultural economic organizations,have increasing demands for funds.Therefore,financial allocation and support alone cannot meet the needs of modern agricultural development,and they can only rely on financial support to carry out further agricultural development.However,at present,China’s laws generally do not allow mortgage transactions,and it was not until 2015 that the state issued a policy which allowed a few places to conduct land mortgage trials.Taking Jilin Province as an example,in recent years,the pace of land transfer and large-scale operations in Jilin Province has been accelerating.Various types of new entities,especially farmers’ cooperatives,have been developing rapidly.Besides,Jilin Province is also striving to become the leader of the national agricultural modernization.In this process,the issue of mortgage of land contractual management rights has become the top priority of Jilin’s promotion of rural financial innovation.In view of this,this article conducts research on this background,learns the basic theory of the transfer of rural land contracted management rights,and in-depth reviews the specific practices of rural land contracted management rights in Jilin Province,and contrasts the study of land mortgage implementation models in other pilot areas,so as to summarize The Jilin Province’s anti-guarantee model,the Pingluo County "land certificate" mortgage model,and the Shandong Zaozhuang model,which have different characteristics,are summarized through detailed investigation and research to sum up the practical dilemmas and problems faced by the mortgage of rural land management rights.Suggestions are provided for solving these series of problems.This article adopts legal research methods such as literature research method,comparative research method,and interdisciplinary research method.Starting from the research background of the problem of the mortgage right to contracted management of rural land,this article introduces the research significance and current research status of the subject.The land contract management right mortgage system issummarized and summarized.The main theoretical controversies in the field of rural land contract management right mortgage are summarized.The realistic background of China’s rural land contract management right mortgage system in recent years and the changes in relevant laws and regulations are summarized.Among them,in view of the problem of the mortgage of China’s rural land contracted management rights,this article mentions that during the rural land contracted management process in China,there are insufficient mortgage realization mechanisms,the legal subject and object definitions are unclear,the source of the mortgaged property is complex and there are many disputes,and the mortgage right is the scope is controversial and other issues.Through the analysis of typical pilot cases in practice,three local cases including the counter-guarantee model in Jilin Province,the mortgage model of Pingluo County and the pilot model in Zaozhuang,Shandong were analyzed.Pilot land are also objective obstacles such as the alienation of the land contracted management right,inconsistent mortgage targets in the land contract,imperfect mortgage procedures and the process of value evaluation,and the difficulty of the effective realization of the mortgage right.In view of the above problems,this article specifically proposes China’s rural land contracted management right mortgage system is targeted to improve the pertinent suggestions.We believe that we should vigorously promote the reform of the rural collective property rights system;clarify the scope of the mortgage legal relationship from the mortgage parties and the mortgage object;improve the rural registration of land management rights.The rules for the establishment of land contract management right mortgages;on the optimization of the land management right mortgage realization mechanism,it is carried out from two aspects: perfecting various realization methods of mortgages and introducing mandatory management of the mortgage right realization system.