Reference and Improvement of the Pawning Right Utilized in the Circulation of Contractual Operation of Land——Adoption of the Pawning Right in China's Civil Code
LI Xiandong;NI Shuying;
Currently, the focus of our land work is leading the circulation of contractual operation of land in order and developing the proper scale management of Chinese farmland. To depart the property right, contract right and management right from each other, we should clarify the relationship between the collective ownership, farmers' contract right and land management right, especially its concrete accomplishment. The ancient pawning right is a practical model of system construction to solve this problem. On the one hand, it can explain how the private right owners enter the land market while sticking to the collective right; on the other hand, it can legitimate the farmers' right to gain profits from the circulation of land management right while sticking to the collective right. The ancient pawning right is of unique effect on solving some existing problems such as the circulation of farmland and the set-up of affordable housing system in cities and towns and so on. Therefore, the pawning right should be brought into the system of the real right on the occasion of compiling China's civil code.
【CateGory Index】： F321.1;D922.32