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Research On The Realization Of Mortgage In Mortgage Financing Of Land Management Right

Posted on:2020-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiFull Text:PDF
GTID:2416330623460474Subject:legal
Abstract/Summary:PDF Full Text Request
The problem of "financing difficulty" has always been an important factor restricting the development of agricultural countryside in China,so solving the problem of "financing difficulty" has become the only way to promote the development of agricultural and rural areas.In order to solve the dilemma of "financing difficulty",it is necessary to effectively release the power of rural land so that land,a factor of production,can be fully utilized.As a result,the mortgage financing business of land management right began to carry out gradually in the whole country,and the practice results provided a lot of references for the land reform of our country.Subsequently,in order to encourage the development of modern agricultural economy and production model,and to promote the increase of farmers' agricultural income,our country amended the Law on Rural Land contract.The form of land management rights formally established the legal status of mortgage financing of land management rights.However,the legislation only provides for its general direction in principle,which is still blank in terms of specific operation,so how to effectively regulate the mortgage of the right to operate the contracted land.How to realize mortgage has become an important issue in front of us.By analyzing the three typical models in the pilot project of land management right at present,we can see that there are still many problems in the realization of mortgage right of land management right,such as:the operation predicament of the realization mode of mortgage right,The value evaluation mechanism of mortgage realization is not scientific,and the transaction circulation market of mortgage realization is not scientific.Complete and mortgage realization of the risk prevention and sharing mechanism is not perfect.In view of the difficult problems in the realization of land management rights,this paper puts forward some suggestions on the framework and basis of the current Rural Land contract Law: Firstly,we should clarify the way in which mortgages are realized.Secondly,we should improve the value evaluation mechanism of mortgage realization.Thirdly,it promotes the openness and opening of mortgage circulation market.Fourthly,it is essential to optimize the risk prevention andsharing mechanism of mortgage realization,in order to promote the realization of mortgage right of land management right.
Keywords/Search Tags:The right to operate the land, the realization of the mortgage, The division of the three powers
PDF Full Text Request
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