Legal System Research On Risk Prevention And Control Of Mortgage Loan Of The Right To Operate Contracted Land

Since from 2008,some areas deeded pilot area implemented work of mortgage loan of the right to contractual management land with the guidance of People's Bank of China and CBRC,it provided effective way to solve the problem of farmers' financing difficulties.The first document which was released by the State Council in 2004 put forward allowing the right to management of contrated land for the first time.,Scope range of pilot aera enlarge more.This kind of loan business promote the development of finance and economic of pilot area,but some problems have explosed during the course of experimental unit.Due to mortgage loan of the right to conreacted management of Land with a high-risk,the bank for this loan business development maintained a cautious attitude.For the purpose of reducing various risks which the bank faces and providing more smooth channel for farmers and promote rural economic development,this article analyzes the type of risk and its reasons of mortgage loan of the right to contractual management land in the perstpective of bank,and analyzes the existing legal system of risk prevention and control and its deficincies,and then present suggestions to perfect the legal system of risk prevention and control?Remove the preface and epilogue,this article is divided the following five parts:The first part takes a news report in the 21 st century economic dailyfor example,to illustrate mortgage loan of the right to contractual management land has high-risk,and then analyzes the necessity of risk prevention and control from conflict between high-risk of mortgage loan of the right to contractual management and security objectives.The second part states primary types of risks of mortgage loan of the right to contractual management land,This article devides the risks bank faces into the credit risk?market risk and operational risk in line accordance with Basel?,and analyzes the derected causes of each type of risk.The third part introduces the existing legal system of risk prevention and control of mortgage loan of the right to contractual management land.The first is bank internal risk control system,in view of the existing management rules of mortgage loan of the right to contractual management of Agriultural Bank is more systematic,writer takes the measures to guard credit risk?market risk and operational risk for example to analyze bank internal risk control system?The second is external supervision system of bank,risk of credit and loan not only concerns safety of bank fund,but also influnces many aspects of the development of national economy,in order to prevent banks persuing profit blandly,it is necessary to establish external supervision system,China's rural financial supervision is weak,the supervision for mortgage loan of the right to contractual management which is in the initial stage is less,there is only some basic laws ??Peasant Household Loans Management Approach?and the guidance of the State Council.The third is risk transfer system,this system is to spread the risk of mortgage loan of the right to contractual management and strengthen banks' risk resistance,this article states agricultural insurance system,risk compensation system and the escrow system.The forth is matched legal system,it's the system to support the development of mortgage loan of the right to contractual management, form a good institutional environment for bank to prevent and control risks,this article combines with the experience of pilot to state the right to contractual management registration system?farmland value evaluation system and farmland trading system.The fourth part analyzes the deficincies of existing legal legal system of risk prevention and control of mortgage loan of the right to contractual management land.In the aspect of bank internal risk control system,the deficiencies of system of risk prevention and control of mortgage loan of the right to contractual management land of Agriultural Bank reflect investigation before the credit and loan review is not comprehensive?no unified terms of the contract?loan monitoring systemis not sound and lack of non-performing loans management system.In the aspect of external supervision system,there exist regulatory fragmentation?no specific regulation and backward rural credit system,these problems lead to inefficiency supervision even appear regulatory vacuum.Immature risk transfer system embodies lack of system of agricultural insurance legal system,government-led risk compensation system lack of sustainability three aspects. matched legal system exists right to contractual management registration system is imperfect,lack of scientific farmland value evaluation system,farmland trading system is unsoud and so on.The five part presents suggestions about perfecting legal system of risk prevention and control of mortgage loan of the right to contractual management land. Because mortgage is a kind of circulation way of right to contractual management land,and the other circulation ways are approachs for right to contractual management land converting into cash,so the legal regulation of circulation is the basis for mortgage loan develop smoothly,thus the first of all is modifying law regulation of contractual management land circulation,mean that allowing right to contractual management land moetgage,broadening the conditions ofcontractual management land circulation.Through sounding rules of investigation before the credit and loan review,setting up reasonable lending conditions,improving the system of loan risk monitoring,normalizing non-performing loans management system to consummate bank internal risk control system.Through clearing the supervision of CBRC subject position,differentiated regulatory measures,sounding rural credit system to strengthen external supervision system of bank.Improve agricultural insurance,risk compensation and the escrow three systems.From institutionalized contractual management registration, scientific farmland value evaluation system and sound farmland trading system three aspects to set up a good matched institutional environment for bank to prevent and control risks...