| With the progress of the times and the development of society, a large number of rural laborers transferred to the secondary and tertiary industries, the new type of agricultural business entities continue to grow, China’s agriculture is changing from traditional production mode to the modernization and professionalization of moderate scale management, these changes make the requirements of land transfer more urgent, "two rights division," the rural land property rights systems which was implemented from reform and opening-up policy, has increasingly become unsuited to the changing situation,promoting the change of rural property rights system from the "separation of two rights" to " division of three rights " has becoming an inevitable choice of history. The produce of "division of three rights " not only enriched the connotation of the double-layer management system and explore effective forms of collective economy, but also brought new opportunities for the development of rural finance. " division of three rights " is an effective way to solve the financing difficulties that due to lack of collateral, which separate the right of management from contract for the managerial right, thus activating the property function of land.Under the background of “division of three rights”, the farmland management is independent from the creditor’s rights of the right to contract, besides the paid use of indirect possession, autonomous, crop yields in full disposal, relevant policy subsidies to enjoy, land expropriation compensation of power, the content on the ground also has agreed to by the party awarding contract and the contractor to transfer and mortgage. Under the use of land circulation scale operators can farmland right hypothec, actively carry out rural land management rights mortgage financing, is to solve the financing needs of scale operators to provide a new road. But, the Carry out of agricultural land management right mortgage financing needs clear land property right relations, the relevant supporting system,legal protection, perfect social security system, rural land management rights value evaluation system, developed agricultural land property rights trading market and so on.After years of rural property right system reform and the reform of financial system, part of the economical developed rural areas of China has preliminarily possessed these conditions currently, indicating that management right of agricultural land mortgage financing is feasible in our country.The management right of agricultural land mortgage financing have explored from2006 to now, the pilot carried out in more than 20 provinces and cities have achieved initial effect, and forming "farmer + financial institutions", "farmer + farmers +financial institutions", "farmer + cooperation + financial institutions ", " farmers + guaranteed company + financial institutions " varieties of models. Among the numerous pilot areas,management right of agricultural land mortgage financing carried out in Wenjiang Distrit of ChengDu has its own characteristics, which will provide valuable experience for the promotion throughout the country. With the agricultural management right mortgage financing carried out progressively, there is no clear ownership of land, agricultural land valuation difficulties, management right of agricultural cash difficulties, lack of legal protection, and many other constraints can not be ignored.Management right of agriculture land mortgage financing must stick to collectivity-owned land, the nature of the household contract cannot be changed, the nature and use of land cannot be changed, follow the principle of voluntary, mutual benefit,fairness and good faith, follow the principle of government leading and market operating.To promote the further development of agriculture land management right mortgage financing, on the basis of pilot results, we should further perfecting the design of agricultural management right mortgage financing system, including the conditions of mortgagor, the scope of mortgaged property, value assessment, mortgage registration,mortgage rates, deadline, proportion, the realization of mortgage right of creditor’s rightand so on. At the same time, we have to quick agriculture land ownership registration and award certificate, establish a unified agricultural land property assessment system, perfect the circulation of agricultural land property rights trading platform, accelerate the construction of rural social security system, amend the relevant laws and regulations,establish and improve the management right of agricultural land mortgage risk mechanism,thus creating a good conditions for the management right of agricultural land mortgage financing... |
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