The Contracted Management Of Rural Land Mortgage Issues Research

Decades since the reform and opening up, our country economy fast development, quickening the pace of urbanization is also, however in this glamorous but hidden behind such a problem, namely the dualistic structure between urban and rural areas has become increasingly apparent. Under the background of urban and rural duality structure, agricultural producers of serious shortage of funds, also due to the lack of mortgage of property, so the financing difficult to become a big problem in agricultural producers. To break the deadlock, in recent years, our country many provinces and cities in active exploration to the contracted management of rural land mortgage financing, this kind of practice activity to revitalize the rural sleeping assets, on the solution of the problem of "agriculture, rural areas and farmers" is of great significance. Right to the contracted management of rural land mortgage financing activities, however, is in the top of lack of system, while its positive significance, but our country law has not been approved on it. That is to say, in terms of right to the contracted management of rural land mortgage, the practice ahead of legislation in our country, which may cause a series of problems. This article through to the contracted management of rural land related theory research, as well as to the outside and our country mortgage model analysis and comparison, trying to perfect the system of right to the contracted management of rural land mortgage in our country.Besides introduction and conclusion, this paper is divided into four parts:The first part, an overview of the related concepts and theory. The author first of all to the contracted management of rural land is defined, and then from the rural land property rights theory, rural finance related theory, land rent and price theory three generation of contracted management of rural land mortgage, looking for theoretical basis for the contracted management of rural land mortgage.The second part, the right to the contracted management of rural land mortgage status in our country. The author first from our country "security law", the rural land contracting management law and the related provisions of the property law, this paper introduces the legal environment of mortgage of right to the contracted management of rural land in our country, and then introduces the typical features in terms of relevant practice mode of zaozhuang, chengdu and chongqing, and evaluate its done.The third part, the scope of rural land mortgage finance practice. The author in this part of the United States, Germany, Japan and our country Taiwan area of rural land use right mortgage financing practice are introduced, in order to provide reference for our right to the contracted management of rural land mortgage.The fourth part, the improvement of the system of right to the contracted management of rural land mortgage. In this part the author first proposed to follow the real right legal ease of socialism is the current implementation of the right to the contracted management of rural land mortgage condition, and then from the property right registration, agricultural insurance, rural land circulation market, the social security system construction is put forward to promote the maturity of China’s right to the contracted management of rural land mortgage advice.