Study On Legal Problem Of Mortgage Financing Of Rural Land

At present, farmers are generally faced with the problem of financing. Ownfunds due to lack of collateral, unable to adapt to the development needs of large-scaleagriculture, modernization, the impact of the expansion of the scale of agriculturaloperations as well as the agricultural industry chain extension. One of the effectiveways to solve this dilemma is to release the restrictions on mortgage financing ofagricultural land, encourage farmers to use the land for the financing funds. Thispaper is divided into four parts.The first part discusses the concepts and problems faced in agricultural landmortgage financing. Financing concept of rural land and agricultural landDiscrimination and pointed out that agricultural land mortgage financing followingproblems: legal suppression, vaguely defined property rights, difficult for financialinstitutions to provide effective services and social security mechanism is not perfect.The second part: the controversial theory of mortgage financing for agriculturalland. First, of opponents feared land protection, the loss of arable land and thecollapse of the economic organization analysis refute certainly positive significance ofthe agricultural land mortgage financing; Secondly, the list of agricultural landmortgage financing affirmation theory point of view: you can increase farmers’financing channels, promote the realistic needs of large-scale modernization ofagriculture for rural economic development. Again, both from the theoreticalfoundation and legal basis of the agricultural land mortgage financing feasibilityanalysis and appraisal of its practice to provide theoretical support. Part III focuses onforeign and China’s Taiwan agricultural land financing mode and route choice, choosesuitable agricultural financing mode can not be divorced from the socio-economicconditions of the country in which, by analysis of their specific circumstances andmode selection in order to choose to provide our mode Experience and reference.The fourth part discusses the mortgage financing the reconstruction of the legalsystem of the agricultural land. Divided into two parts of the law to build and perfectsupporting measures. The legal building part, first proposed to extend the range ofmortgage financing of agricultural land through the improvement of the GuaranteeLaw, the agricultural land use rights, land use rights and construction land use rightsare included in the scope of available mortgage Secondly, it is proposed to strengthen to improve land use control farmers the right to legal protection of property rights andregistration system construction. Perfect supporting measures will mainly discuss thefour aspects: first, the improvement of agricultural insurance, the positive significanceof the newly introduced agricultural insurance regulations "be sure and put forward asound measure. Second, the social security system, will focus on improving socialassistance, pension insurance, medical insurance, three aspects to build the system toimprove the social security laws. Once again, the perfection of the system of valuation,encourage the establishment of a professional assessment of the value of agriculturalland agencies. Finally, building rural financial system in phases, the first is toestablish a rural cooperative financial institutions, commercial financial institutionsand policy-oriented financial institutions coexist financial legal system, when theconditions are set up Land Bank. The fourth part is the core focus of this article, thefirst three parts of sublimation.