Research On The Predicament And Outlet Of The Mortgage Of The Contractual Management Right To The Rural Land

The development of rural finance provides financial support for the solution to the problems of agriculture, countryside and farmers and plays a vital power role. With the development of the rural economy and society, at the current stage, the capital is increasingly becoming the bottleneck of the development of agriculture, countryside and farmers, while many institutional obstacles result in the lagging behind of the rural finance development. Mortgage is a key part of financial operation, and faced with the reality of lack of disposable assets in the rural areas, the property value of the contract management right to the rural land has become the focus of discussion. However, owing to the particularity of the contractual management right to the rural land, the mortgage has long been controversial in theory and practice; however, with the development of the rural economy and society and a series of investigation and the pilot by the country, it appears to be imperative to open the policy on the contractual right to the rural land and to establish the mortgage system. Based on the existing mortgage theory and pilot practice of the contractual management right to the rural land, this paper analyzes the obstacles facing the contract management right thereto, on the basis of which the author proposes some ideas and systematic suggestions for the breakthrough of the obstacles facing the policy on the contract right thereto.This paper adheres to the problem consciousness as the guide, combining the theory with practice on the demonstration. This paper consists of five parts(including preface and conclusion).Part One is preface, briefly introducing the background and significance of this topic and the related research information as well as research contents, research methods, key points, difficult points and innovation.Part Two puts forward the problem, mainly expounding the validity of the mortgage through the elaboration on the attribute and value of the contractual management right to the rural land and expounding the feasibility through the analysis on the current system and the typical practice pilot experience, which create the premise of rationality for discussion on the mortgage of the contractual management right to the rural land from theory and practice.Part Three aims to analyze the problem, mainly enumerating and interpreting the obstacles facing the transference of the contractual management right to the rural land from the perspective of theory and practice, including the imperfect of legal provisions, vogue relationship of property right, the dependency on the social security function as well as the imperfect of the related supporting market system.Part Four is designed to solve the problem, proposing the ideas and suggestions to crack the dilemma on the basis of the analysis on the real obstacles facing the transference of the contractual management right to the rural land: the first is to master the key in solving the problem, that is, to weaken the social security function of the land, then proposing a series of specific measures to crack the dilemma and finally proposing the rational restraints on the mortgage of the contractual management right to the rural land.Part Five comes to the conclusion, mainly summarizing and sublimating the opinions elaborated in the paper.