A Study On The Legal Problems Of Forest Property Mortgage In China

The study of the collateral of forestry property mortgage has some defects on the theory and the existing provisions. The paper is trying to probe into the problems and put forward the suggestions. Meanwhile, the practice of forestry property mortgage is also important. It is worthwhile to answer the questions that weather the family contractual operation right of woodland from household contract could be instituted mortgage or not, and weather the ownership of woods and woodland usufruct should be instituted mortgage together. The paper argues that the family contractual operation right of woodland from household contract gradually could set up mortgage with permission of local government rules. The ownership of woods and woodland usufruct needn’t be instituted mortgage together; however, the mortgagee and the mortgagor decide the scope of collateral. Under the background of collective forest right system reform and forestry investment and financing reform of forest right mortgage, there is no doubt that studying the significant legal problems of it is helpful for the practice.The paper is divided into four parts:The first part is to put forward the main questions. Through analysis of the existing laws and regulations about forestry property mortgage,these rules could be divided into three parts. Therefore, after studying the existing laws and regulations, it is much easier to know the problems in practice and theory.The second part is to clarify the scope of collateral on forestry property mortgage. Considering the collateral should be specific, transferable and valuables, it is helpful for putting forward some good suggestions.The third part is to talk about the practice of mortgage. Answering the questions that weather the family contractual operation right of woodland from household contract could be instituted mortgage or not and weather the ownership of woods and woodland usufruct should be instituted mortgage together, finding the difficulties for mortgagee to exercise Mortgage.The forth part is the summary of the whole paper.