Legal Research On The Mortgage Loan Of The Right To Operate Contracted Land In China

In the rural of our country has faced with a long-term financing problems, and that isbecause the farmer lacks the necessary collateral. In order to solve this problem, Ningxia,Wuhan, Chongqing and other places have carried out the mortgage loan pilot of the right tooperate contracted land, comply with the implementation of the rights to operate contractedrural land reasonable use trends, and achieved good results. At the same time, the pilot hasalso exposed some problems, in the block up the system promotion on certain level. Practicehas proved that, the mortgage of the right of contracted land is plays with an important role inremitting the financing problems in the rural area, stimulating agriculture industrialization andprosperity of the rural financial market. Thus, by summarizing the worth to draw lessons fromthe current pilot, found the problems and puts forward the corresponding countermeasure,realize to promote smooth of the mortgage loan of the right to operate contracted land it isvery necessary.This paper is divided into three parts: the first part, the general question of the mortgageloan of the right to operate contracted land. Mainly discuss for the mortgage loan of the rightto operate contracted land basic problems, and the analysis of its theoretical basis and therealistic difficulties and the practical significance of the mortgage loan of right to operatecontracted land. The second part, the current situations and existing problems in mortgageloan of the right to operate contracted land in our country. The part base from the introductionthe situation of the mortgage loan of the right to operate contracted land in the Ningxia HuiAutonomous Region, Liaoning Province, Wuhan city and other places, and summed up theworth to draw lessons from the current pilot, such as enacted normative documents, take avariety of unique models to promote the mortgage loan of the right to operate contracted land.At the same time, we can also found some problems from the pilot. Mainly as according tothe current law of our country, mortgage of right to operate contracted land is forbidden; lackof mortgage registration system in the mortgage of right to operate contracted land;unreasonable price mechanism and the financial institutions to implement mortgage existenceobstacle and for these problems are analyzed in detail. The third part, consummate the systemof the mortgage loan of the right to operate contracted land in our country. The part of thesecond part of the analysis is a foundation, put forward measures to solve existing problems of the mortgage loan of the right to operate contracted land, mainly to modify the existingunreasonable law, constructing the right registration system of the mortgage of the right tooperate contracted land, improve the right price formation mechanism of the mortgage of theright to operate contracted land and breaking the barrier of financial institutions to implementmortgage and proposed a number of corresponding measures of the mortgage loan of the rightto operate contracted land.To sum up, this article mainly from to find out the general problems of the mortgage ofthe right to operate contracted land, through the introduction of the existing mortgage loanpilot of the right to operate contracted land in principal areas, summing up experience andfind the problem, and in the light of the existing problems and proposes correspondingsolutions. Thus, expect to be able to resolve the current existing problems and in order toachieve the system for the smooth promotion of mortgage of the right to operate contractedland, in order to provide support in solve the problem of rural finance and rural economicdevelopment.