The Investigation Of Forest Right Mortgage In Nanyang City Henan Province

Forestry plays an important role in economy and environmental protection. Shortage of funds have been an important factor to restrict the development of forestry.In recent years forest right mortgage provides a new way of raising funds for forestry development.However, current law prohibits woodland use right mortgage and forest right mortgage is mainly based on the policy. The current legal and policy exists inconsistencies.Whether the law should allow the forestland contractual management right to mortgage?What benefits and Defects do Forest right mortgage bring ?Whether the law should allow the forestland contractual management right to mortgage?What benefits and Defects do Forest right mortgage bring ?What problems do it appear in Forest right mortgage?How do they deal with them? With these questions, forest right mortgage field surveys of Nanyang were carried out. It describes the current status of forest right mortgage in Nanyang City by investigation report.Hoping to be able to provide some reference for forest right mortgage of Nanyang City and elsewhere, it also puts forward the corresponding opinions and suggestions to the existing problems.This study is divided into three parts:The first part is the research overview. It introduces the situation of Nanyang city at first.Then, It illustrates the current situation of forest right mortgage in Nanyang city.Investigating Nanyang department of forestry reform and development 、 Tongbai forest property management center 、 Liaohepo town government, it is learned that the government has formulated local regulations and build forestry management agencies. Forest right mortgage mainly rely on government to promote development and regional has Large differences. Investigating Tongbai rural credit cooperative union business department and Nanyang agricultural bank Wolong branch, it is learned that which financial institution conducts forest right mortgage and how they do their work. Investigating the foresters in Wolong、Nanzhao and Tongbai, it is learned that foresters have the demand for funds, but they intend to use them in different way. High cost of loans also affect them to apply for loans.The second part explains the forest right mortgage problems that exist in Nanyang City.According to the interviews and information collected during field visits, it points out problems during the mortgage process from two aspects. The first aspect is the lack of legal basis for the forest right mortgage. In this part, it analyses current laws and other normative documents. It points out that the current law prohibits the woodland use right mortgage that achieved by the way of family contract. Judicial interpretation also denies the effectiveness of forest right mortgage and regulations explicitly prohibit forest right mortgage which used by family. Only some policies and implementation of views which have no legal validity allow forest right mortgage. There are some inconsistencies between current laws and policies,which leads to both lenders and borrowers unable to predict the risk of loans. It hinders the forest right mortgage to carry out. The second part points out that there are several defects on supporting measures of forest right mortgage. It includes six aspects, such as hard to assess the value of forestry rights, lack of commercial forest insurance, weak forestry regulation, the loan term and tree growth cycles do not match, inadequate publicity, disposing assets difficultly.The third part introduces the suggestions for forest right mortgage problems in Nanyang city. The first aspect is to change the law on forest right mortgage. Laws should permit that woodland can mortgage which used by foresters. At the same time,it should deal with the relationship between use rights mortgage of forest and forest property mortgage, and the relationship between forest right mortgage laws and policies. The second aspect is that how to perfect the supporting system of forest right mortgage. It includes perfecting forest right evaluation system, establishing perfect commodity forest insurance system, establishing forest right circulation system and establishing information sharing system between government and Financial institutions. The third aspect is that the government should actively perform their duties on forest right mortgage service.Government should not only fulfill the duties of publicity and put more in forest right mortgage, but also should promote the construction of forestry cooperation organization and perfect the way of supervision.