| It is a very important controversial point in the formulating process of the Property Law that whether the right to contracted management of rural land ca n be mortgaged or not. Although the Property Law finally prohibits the mortg age of the right to contracted management of rural land, in practice, the pilot of the mortgage has not been stopped in order to find a mortgage mode suitable f or China and compliant to the economic development rule in rural China. In 2014, No. 1 document from the national central government gives the rural la nd the mortgage right, and corresponding land collateral management approaches were made by provinces accordingly. However, there is a series of obstacles to bring the mortgage right up to legal level. In legal level, the lawmakers have to consider the social security function of the rural land and then restrict the mortgage to a certain degree. And at present the law prohibits the mortgage, a nd the pilots of the mortgage mainly rely on the policy guidance. But policies have no legal effect and are lack of stability and predictability. Meanwhile, the imperfection of China’s rural social security system and the imperfect of agricu ltural land evaluation mechanism will make it much harder to quickly advance th e mortgage.To overcome the barriers, it may be proceeded from the following aspects. Fi rstly, in the course of urbanization, a large amount of farmers left villages and o btained urban employments, which makes the social security function of rural l and be weaken, so the lawmakers should formulate land contractual management right laws in the light of “efficiency" instead of "fair". Secondly, it is needed t o establish a mortgage guiding system by constructing a relevant legal system.Finally, it should construct a perfect rural social security system and a scientifi c, standard and unified land value evaluation system to lay a foundation of the mortgage of the right to contracted management of rural land. |
PDF Full Text Request