Financial Lease Security Interest Of The Usufruct Of The Right To Land Contractual Management

Under the constraints of Property Law of the People’s Republic of China, theRight to Land Contractual Management can not be as the object of security interest.However, the lack of collateral has become a major problem in rural financingdifficulties. In order to solve the difficult problem of rural finance, the FinancialLease Security Interest of the Usufruct of the Right to Land Contractual ManagementEmerges. Under the regulations of the Property Law of the People’s Republic ofChina and Law of the People’s Republic of China on Land Contract in Rural Areas,the Financial Lease Security Interest of the Usufruct of the Right to Land ContractualManagement is built by Jilin Province. And it means that Without changing the ruralland contract management systems and agricultural use conditions, the land contractmanagement rights transfer to the agricultural development of the company. Theproperty financing by the Agricultural Development Corporation to issue a newfinancing model for bank loans to farmers jointly and severally guarantee thecommitments.Construction of concrete ideas for: On the one hand the county AgriculturalDevelopment Corporation is established by the government, farmers transfer landcontract and management rights to agricultural development stage company, theAgricultural Development Corporation provides guarantees to banks. After seeing aletter of guarantee, the bank signed a loan contract with farmers. When the farmersreturn to bank loans normally,land transfer agreement reached between AgriculturalDevelopment Corporation and the farmers is automatically released. When farmersdo not repay bank loans, Farmers’ land will be obtained by the agriculturaldevelopment company. The new contractor will be returned to the borrower to thebank, the relationship with the land contract and management rights between farmersand Agricultural Development Company automatic discharge. The farmers’ landcontract and management rights will be returned to the farmers AgriculturalDevelopment Corporation. On the other hand, at the same time, the AgriculturalDevelopment Company acquire land contract and management rights, the Agricultural Development Company Subcontracts land contract and managementrights to farmers. Farmers continue to cultivate the land, and the land is still entitledto possession, using, and benefit rights. Only when the farmers can not return the loadto the bank or the agreement from happens, the usufruct of land begin to transfer. TheAgricultural Development Corporation land contract and management rights offoreign listed subcontractors, Listed transaction price to the settlement with thefarmers, and the excess part of the return to farmers. In this paper, the theoreticalconstruct usufruct of land contract and management rights, there are five kinds oflegal relationship. Involved in the contractual relationship in which case does notappear on the contract is invalid "Contract Law" Article52, and no No violation ofthe mandatory provisions of the law, and it is in strict compliance with the "PropertyLaw"and" Land Contract " requirement, Construction of conduct land contract andmanagement rights secured financing. Therefore, such financing should be legitimateand effective security.Revenue in the construction of the above modes of financing guarantees the rightto land contractual management rights, the main way is to use a conditional guaranteecontracts to construct, the research method is mainly constructed using hermeneuticapproach through a theory of interpretation of existing law conducted. This papermainly discusses the establishment of conditions in terms of usufruct land contractmanagement rights of secured financing, the effectiveness and the realization of suchsecurity rights. The value of this study is to gain the right financing secured byconstructing a land contract and management rights, rural financing difficulties tryingto find a way out of the plight.