Research On The Legal Safeguard Of Rural Land Contracted Management Right Mortgage Financing

In recent years, with the advancement of the integration of urban and rural and urban and rural construction, as an important right, the rural land contract and management right mortgage financing more and more central leadership, attention to the local levels of government and the community of experts, scholars, rural Land Contract management Right Mortgage financing both rural land contract and management rights itself has determined the property attributes, but also by gradually increasing urbanization water of the decision. From our current law to analyze, to protect the rural land contract and management right mortgage financing rules are still the need to revise and improve. Protect rural land contract and management right mortgage financing must be rural land contract management rights mortgage system as a precondition, and adhere to the principle of legality, appropriate government intervention, the principle of fairness and efficiency, conduct in advance from legislative, administrative, judicial three aspects, in the matter, after the institutional arrangements, supplemented by rural land contract and management rights is indeed the right registration system, value assessment system, mortgage financing economic incentive systems, rural social security system for rural land contracting right mortgage financing be guaranteed.Except for the preface and epilogue, involves the content can be divided into the following four parts:The first part, "Rural Land Contract Management Rights and Mortgage Financing Function", discussed three main issues, namely: the concept of rural land contract management rights and define nature; the second is elaborated mortgage financing of rural land contract and management rights function, this section describes the rural land contract and management right mortgage financing and mortgage financing function concept; third describes the rural land contract and management right mortgage financing activities of the necessity and feasibility. By protecting farmers’ property rights, the right to security financing farmers, deepen reforms in four areas of the rural economy, the need for rural land contract and management rights guaranteed by law reveals that the legal basis of mortgage financing guaranteed by law through rural land contract and management rights, the practical needs of both the feasibility of the rural land contract and management rights guaranteed by law.The second part, "Legislation and practice of Rural Land Contract and Management Right Mortgage Financing," This part describes two aspects. First, through laws, administrative regulations, wagons policy documents and nearly a decade of the central document of description, describes the status of legislation of the rural land contract management right mortgage financing guaranteed by law; the second is to introduce the Ningxia Pingluo, Tongxin County and Liaoning Faku County pilot area of rural land contract and management right mortgage financing practice patterns.The third part, "Rural Land Contract Management Right Mortgage Financing Difficulties of legal protection", through the second part of the practice patterns and legislative status of observation and analysis, found that some policy documents need to rise to the law, some need to modify and improve, etc. find the rural Land Contract management Right Mortgage financing difficulties legal protection.The fourth part, "Improving Rural land contract and management rights guaranteed by mortgage finance law Reflections", the section first outlines the rural land contract and management right mortgage financing macro-architecture, macro-architecture covers the rural land contract and management rights guaranteed mortgage finance law ideas and system design, legislative principles and other issues, and improve the rural land contract and management rights guidelines for mortgage financing system of legal protection. Then, based on the ideas and principles of design as well as legislative and other systems, from legislative, administrative, judicial three aspects, before, during, after three dimensions made to improve the rural land contract and management rights of a number of legal safeguards mortgage financing envisaged.