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The Study Of Forest Right Mortgage Under The Background Of Collective Forest Right System Reform

Posted on:2013-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:R D YuFull Text:PDF
GTID:2246330395969638Subject:Law
Abstract/Summary:PDF Full Text Request
Forest Right Mortgage Loan will transform forest resources which are in the state of dream into the "living resources", the owners of foresters can gain the loan on the credit of forest trees ownership or forest land usufruct, which can largely solve the problem of funds shortage of forestry development, realize the purpose of forestry development relying on their own. On the level of statute, our country has already provided the forest right mortgage system, but there are still many shortcomings, in order to better carry out the forest right mortgage loan business, deepen the reform of forest right reform, it is necessary to study the problems of the forest right mortgage business.The first part discusses that the premise of the forest right mortgage is to straighten out forest rights relations. Clearly define the ownership of forest rights is not only the primary task of the reform of collective forest right system, but also the fundamental question of the development of forestry and the sustainable development of society, it is also the most basic work of the Forest Right Mortgage research. The forest rights are the sum of rights of the possession, use, income, or dispose of forest land, forest trees and other forest resources. The author argues that firstly the forest rights should be divided, and then talk about the subject of rights of specific rights. Individuals can not enjoy forest land ownership. In the context of Forest Right Mortgage, forest rights should be comprehensive forest rights, including two important rights which are the ownership of forest trees and use rights of forest land.The second part discusses that the forest right mortgage is based on the evaluation system of forest rights. Mortgage as a security interest, its content is the dominance of the exchange value for the goods, it differs from the usufruct. Therefore, the objective value of forest rights based on scientific and rational forestry assessment mechanism is an indispensable safeguard to the smooth implementation of Forest Right Mortgage Loan. In order to solve problems in the Evaluation of forest rights, the author propose countermeasures. the first is to improve the basis for the assessment of forest rights, the second is to foster a comprehensive subject of assessment, the third is to establish a scientific assessment process.The third part of the article discusses that the safeguard of the forest right mortgage is a perfect forest insurance system. Forestry is an open industry, a high-risk industry, the development of forestry can not be separated from forestry insurance. Forest right mortgage business also requires a forestry insurance to provide a service guarantee. Therefore, the forest right mortgage loan is in great demand of forestry insurance. I argue that the problems at this stage of forestry insurance are:"dilemma" between the supply and demand of forestry insurance, lack of forestry insurance policies and regulations, unreasonable forestry insurance system. The author suggested that we can perfect the forest insurance by increasing the investment in forestry insurance, improving forestry insurance policies and regulations, carrying out the policy forest insurance.The fourth part of the article discusses the importance of forest rights transactions to Forest Right Mortgage. In the forest right mortgage loan, lenders are most concerned about the "liquidation" of the collateral in the loans when the loan can not be paid timely. An inevitable result of Forest Right Mortgage implementation is the subject change of the ownership of trees or use right of forest land. If the Forest rights can not be circulated between the different entities, the claims of creditors that can not be achieved, in turn, it will seriously hamper the conduct of the Forest Right Mortgage. Therefore, the establishment of forest rights trading market is necessary, smooth forest rights transfer has great significance for the improvement of the forest right mortgage. I believe that problems of the forest trading is the failure of the legal basis in the forest right circulation and the immature market, which can be improved by accelerating circulation legislation of forest rights, improving the construction forest rights trading center.The fifth part of the article discusses the pattern of the forest right mortgage loan. Forest rights secured loan uses the ownership of forest trees and use rights of forest land as collateral or counter-guarantee collateral. So far. the pattern on the forest right loan is not consistent, mainly consist of direct guarantee loan mode and counter-guarantee loan mode. Rational choice in the context of forest reform is change the forest right mortgage into villagers’stock right mortgage.In conclusion, the article discusses the forest right mortgage business requires diverse subjects’ together work. First of all, the government agencies should strengthen their own responsibility. Second, financial institutions should seek to develop financial products. Finally, foresters ought to improve the legal sense, to comply with statutory procedures.
Keywords/Search Tags:Forest Right Mortgage, forest rights nature, forest rights assessment, forestry insurance, forest rights transactions, Forest Right Mortgage mode
PDF Full Text Request
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