论农村土地（承包）经营权抵押制度.pdf

Abstract The current law prohibits the mortgage of the land contractual management right in rural areas. However, with the improvement of agricultural productivity, Chinas agriculture gradually transfers to the large-scale, mechanized, intensive modern agriculture from the self-sufficient peasant economy. The management of modern agriculture need invest a lot of money; farmers who mortgage the right of land contracted management in private in order to finance regard land as the most important property. On the problem whether the right of land contractual management should be mortgaged or not, scholars hold different opinions. Some scholars support the view that rural land contractual management right may be mortgaged; some scholars, for the purpose of preserving farmland, think we should ban the mortgage because they believes that once it come true, the purpose of the land may be randomly changed in the mortgage process, the arable land will reduce and it can lead to the destruction of land resources. It is not conducive to the protection of arable land. Moreover, taking into account that the land has social security function, It has not been generally established in our country that social security and unemployment insurance system of farmers, if farmers lose their land, the social security also lose and the social stability can not be guaranteed. Thus, whether or not to allow the mortgage of the land contractual management right, there are pros and cons. In general, I still insist that the right of land contractual management should be mortgaged. Because it is the product of the economic and p