Research On The Contracted Managementof Land Mortgage Research

Right to the contracted management of land mortgage is an important problem in a new round of rural land system reform.In commenting on,right to the contracted management of land mortgage belongs to forbidden,but with the development of the rural economy society,mortgage realistic need.Since the third plenary session of the 18 th,national policy to allow the contracted management of land mortgage.How will allow the mortgage policy to rise to the national legal system,in response to the need of social life,need to be studied.Normative analysis,this paper USES empirical research method,etc,right to the contracted management of land mortgage,in addition to the preface and epilogue,a total of five chapters:Preface,the paper puts forward to the contracted management of land mortgage realistic need,and has become a national policy,how the policy to rise to the national legal system,is an important problem to be studied in the future.The first chapter,the paper expounds the concept of the right to the contracted management of land,the legal nature,and the concept of the right to the contracted management of land mortgage and legal characteristics.Right to the contracted management of land is a kind of usufructuary right,but also has social security function,the important influence on their mortgage.The second chapter,the paper expounds legislation present situation,the right to the contracted management of land to the mortgage of the controversy between the scholar elucidated.Although the "negative" makes sense,but "certainly" conforms to the social reality needs.The third chapter,analysis the necessity and feasibility of right to the contracted management of land mortgage.Based on strengthening the rights of property rights and respond to social needs,such as allowing mortgage has its necessity.Allow mortgage has its theoretical basis and practice basis,and don’t endanger farmers survival,will not increase the risk of change of farmland use,has the feasibility.The fourth chapter,analysis of the right to the contracted management of land mortgage has both modes,including direct mortgage model,counter guarantee mortgage,joint mortgage and lease back,etc.The fifth chapter,discuss the construction of the right to the contracted management of land mortgage system.Claiming the underlying mortgage is the contracted land management rights;Respond to the mortgage to limit the qualification of the parties,the purpose of the mortgage finance;Mortgage shall adopt the effect doctrine;To guard against the risk of mortgage,should limit the number of mortgage and the proportion of the land and the appropriate guide the mortgagor agricultural insurance,as well as perfecting minimum living security system.Paper is a brief summary for this article.