Study On Hypothec Of Contracted Land Management Right

At present is the most important work in the countryside to help farmers get more income,improve the life quality of farmers,promote orderly development of agriculture and rural economic growth effectively.But with the development of the market economy,the cost of agricultural production increase,the diversification of the farmers’ income sources,makes rely on agricultural land on the basis of weakening the role of agricultural production in the farmers increase their income,so much so that many farmers abandoned agricultural production and other industries to seek higher income.So the traditional thought of farmland has social security function,and the idea of survival safeguard function is hit,modernization of agricultural production,scale development is imminent,and "activate" agricultural production,important measures to absorb the rural labor force.So the central committee of the communist party of China put forward the further differentiation for contract right and the right to the contracted management of land management of land policy guidance,the rural land ownership is still owned by collective economic organizations,farmers enjoy consulting contract and management rights,and allows farmers to management as the subject matter of a mortgage.The issued guidance on the implementation of the policy of the state council,opinions,points out that may be mortgaged according to law the right to the contracted management of land in the pilot breakthrough "security law" and "property law" prohibitive provisions about the right to the contracted management of land mortgage.Right to the contracted management of land mortgage legal research have the policy as well as the basis of practical experience as the foundation,is bound with a strong practical significance,and will bring great influence to the development of rural economy.This article will research about this problem from four parts:The first part discuss the necessity of the right to the contracted management of land mortgage.From the large-scale development of agricultural production and farmers about funding intend to illustrate the reality of the contracted management of land mortgage need sex,but not with the farmers in addition to the farmland without other valuable property,and the only the value of the property of the high current law does not recognise it as the subject matter of a mortgage.So it is necessary for us to the contracted management of land mortgage can analyze necessity.The second part to build legal right to the contracted management of land to the mortgage.Article respectively from right to the contracted management of land mortgage relations subject,target several aspects,such as for the construction of laws and regulations.The author thinks that,to the contracted management of land completely accords with the basic characteristics of usufructuary right,so the contractor to the contracted management of land shall have to possess,use and income rights,usufructuary right of punishment should be dispose of its rights itself,it is a way to use the right to the contracted management of land,be protected,and shall not have other unreasonable restrictions.Then on the underlying scope and effectiveness range is analyzed,the relationship between the ground attachments were discussed.The third part of the rules of procedure of right to the contracted management of land mortgage build.In this paper,the mortgage right to set up rules and discusses the approaches to realize the mortgage right way.From the subject and the object will right to the contracted management of land mortgage "Si Huang" with the right to the contracted management of land mortgage,the paper discusses the effect and efficiency of public speaking,adopts the effective registration is more reasonable.On the path,because of the particularity of the contracted management of land,therefore should cautious attitude,which must be achieved through judicial means,thus can only through the auction or sell off Realize the mortgage right.The fourth part is to the right to the contracted management of land mortgage operation pattern to carry on the design,first of all,in order to obtain practical experience,the author combed the selected four mortgage pilot operation mode and experience,to build after the law,and to sum up the experiences of pilot basis,puts forward corresponding operation mode,for operation model is more reasonable,also puts forward the related mechanism of the including gradually perfect the property right registration system in the countryside,introduce the third party evaluation mechanism and the peasant household’s credit rating.