The System Guarantee Of The Implementation Of Mortgage In Rural Land Contractual Management

After the Third Plenary Session of the18th CPC Central Committee, the centralgovernment encourage the trading of rural land-contracting rights and its variousoperations to make significant arrangement for the reformation of rural land system.This decision open a gate for the reformation of rural land trading. The PBC andCBRC issued its directive opinion one after another to allow the land-contractingrights could be mortgaged to the financial institutes.However, not only the Guarantee Law and Property Law, but the Interpretationon Issues Concerning the Application of Law for the Trial of Cases of Dispute overRural Land-contracting Rights by the Supreme People’s Court prohibit theland-contracting rights mortgage contract directly or indirectly,what’s more, the Lawof the Rural Land-contracting avoids the issue. Creates of policies encounter thesystem barriers.Though the negative attitude of the law on the issue of land-contracting rightsmortgage, to resolve the financing hardship of peasants, local governments havepromulgated opinions to regulate the specific problems of the land-contracting rightsaccording to the spirits of the central government. Nevertheless, a unified standardsystem and laws and regulations which can adjust the problems are still needed. Thewriter want to raise a question based on the studies of the current land-contractingrights mortgage practices, how to break the law prohibits to make system guaranteeby study of the practices.The thesis has five parts: the first part is to introduce the background andsignificance of the study; the second part is to introduce the concepts of theland-contracting rights and its mortgage, and to comment the current laws，introducethe implementation mode, including the setting, conditions of effective and limit andthe realization mode. Besides, this part will analyze the different modes in practice； the third part is to study the explores of the land-contracting rights in practice, thevarious styles include land credit cooperatives, associations of land-contracting rightmortgage, rural properties right trading markets, special cooperatives and directmortgage， and study the difficulties come up against the development ofland-contracting rights, includes the imperfect of the market mechanism, the hardshipon the evaluation of mortgaged property and the enforcement of the mortgage right;the forth part is to give advices about the improvement of mortgage system of theland-contracting rights and to help the creative of land-contracting rights mortgagesystem；the last part is the conclusion，as a simple summary to the full text。...