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Rural Land Contract Management Right Mortgage-related Legal Issues

Posted on:2012-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y L S OuFull Text:PDF
GTID:2206330332993788Subject:Law
Abstract/Summary:PDF Full Text Request
Embark on the modernization of agricultural development, we must solve the financing problem of farmers. China's current legislation was "conditional" permission to land contractual management rights of the mortgage, but with the economic development, farmers increasingly need to expand the property can be mortgaged. Meanwhile, the country (for example:Ningxia, Liaoning, Faku County Credit Union, Chongqing) has the right to operate the rural land contract mortgage pilot for a new financial guarantee system in rural areas provides a guideline and reference. China's existing institutional and legal problems restricted the rights of rural land contracting to carry out a comprehensive security, a new approach and perspective needed to solve the right to mortgage land contract and management issues.This article is divided into preamble, body and conclusions of three parts, of which the text is divided into five chapters.Chapter Summary on the right to land contractual management mortgage system theory. First described the concept of the right to land contractual management and legal characteristics of the right to land contractual management and analysis of the feasibility and necessity of security. Finally, analysis of the mortgage of the right to land contractual management status, from the status quo, we found that the mortgaged property right to land contractual management did not define the nature, fuzzy property rights of rural land, not open mortgage of the right to land contractual management Object of the land registration system is not perfect constraints the right to land contractual management mortgage.Chapterâ…¡of the mortgaged property right to land contractual management of nature. Through of "property law" right to land contractual management requirements and the success of the nature of the inadequacies, the corresponding perfect proposal.Chapter III of the land property rights analysis. China and Japan by comparing the reform of land ownership, land property rights that clear right to land contractual management the importance of security. Further analysis of the drawbacks, and finally put forward a sound proposal for malpractice.Chapter IV of the right to land contractual management Object of mortgage. By studying the object of our current legal provisions for mortgage and academic point of view, to find a way to relax the security object.Chapter V describes the proposed reconstruction of the land registration system. China's land registration system, there are many shortcomings, by analyzing the legislative building and institution building in order to improve the registration system.Conclusion part of the mortgage of the right to land contractual management reiterated the importance of the issue discussed in concluding remarks, added to other problems, and point out the inadequacies of the article.
Keywords/Search Tags:the right to land contractual management, mortgage, legislation, system, recommended
PDF Full Text Request
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