Warranty Issues In The Rural Study

The whole nation including the government has rencently paid close attention to'"rural demography,rural development and rural economy".The best solution to these issues is providing sufficient financial support that is the smooth operation of rural finance.But currently,rural finance has become the "bottle-neck" problem that prevents the solution of"three agricultural issues".Many scholars are attaching much importance to the problem of breaking the "bottle-neck" restrains.It has been for a long that the the academic field in china has been paying great attention to the mortgage,and the majorities of scholars generally think for mortgage is a motivation to the ecomony.In rencent times,the value of mortgage has became more important in the development of the village social economy.As we know,there is two kinds of loan—bank loan and folk loan,both will exist in the modem highly-developed financial society.According to the Guarantee law, guarantee,pledge,mortgage,lien,pawn can be used to keep the safety of the payment of money lent.While the legal system of mortgage law is vital to the economy of the village,there are still a lot of fault and shortcomings in this field,such as the registration for real estate,burdening the social duties of the protectiong for the private rights the lack of the product for mortgage and so on.The academic circle doesn't fully realize the effects of mortgage of the rural so that it can not put forward good ways to solve the problem of the lace of money in the rural area.Selecting mortgage in the village as purpose of my studying,this dissertation investigates and analyzes present situation of mortgage and the relationgship between mortgage and village social economy,such as rural life,anal production,rural business,and the behavior in mortgage from modem period in detai,which aims to indicate the mortgage can promote the coition of total ptoduct of society in both material and value aspects under the condition that the modem loan capital does not be totally socialized and village society is not able to get effective relieve fi'om government and community.In my opinion,in order to make clear the theory problems relating to the mortgage,we should begin from analyzing history process,and then examine some basic theory problems in the field.Based on the above theory,we can review the present system of our counrey, finding out its advantages and disadvantages,and further more give some constructive advices of legislation and system designing.This paper includes two parts.The first part of the paper deals with the ways of guarantee,introduce the most popular kinds of guarantee exiting in the village,after investigating the folk loan bank loan.The second part focus on our country's condition, analying pledge,mortgage,lien,pawn,then pointing out the mistake and shortage of the current mortgage law.The end of this paper puts forward some lawmakdng suggestion and system speculation.