The Research On The Mortgage Financing Of The Right To Use The Rural Legal Problem

Through the baptism of reform and opening up of Rural productivity, which has been greatly improved, while it also speeding up China’s rural surplus labor force of urbanization, in this period, township enterprises have continuously developed, just the rise of rural industry more than ever funding support. Industrial management of agriculture and vigorously promote the rapid development of urban-rural integration, but also makes the city more and requires a lot of capital and labor, but the existing system is to limit the Rural Residential Land, which also limits the land, labor and the circulation of capital, modernization and construction of the city’s urban-rural integration is very unfavorable. Because it delayed the farmers’ community of pace, and the pace of the dual economic structure to solve the problem become slow. Therefore, proper handling of rural homestead pressing issue, China’s implementation of its strategy for urbanization, as well as the further development of a new socialist countryside.Adhering to this line of thought, I selected the rural housing land use right of the rural development impact on the survival of farmers deep roots of the system as a target, and focuses on the status of institutional mechanisms related to mortgage financing, the moment of impact on rural If the long-term reform and post-impression, on this basis to put forward some suggestions.This paper is divided into five parts:The first part describes the basic components of homestead right. By means of analyzing the concept, nature,power of the homestead and the history,the writer leads to the three focal points of our current homestead transfer system.The second part, this paper from discuss the reality of housing mortgage financing demand and the contradiction between the current regulations and the legitimacy of mortgage financing to the actual conflict, and thus justify the policy of The Third Plenary Session of the18th Central Committee of the Communist and Interpretation of the new policy. The third part, talked about the land use right mortgage to establish the legal issues in this part of the main speakers of the land use right mortgage registration, mortgage registration authorities to discuss how to identify and recommend a unified real estate registration regulations.Conflicts of interest and the survival of property interests fourth part focuses on the implementation issues of land use right mortgage financing, general issues and special issues from the start, mainly refers to the special problems of the farmers and discussed the balance between problem, in order to solution.The fifth part, out of a number of ideas and measures to improve land use right transfer system. For questions, from the circulation system of self-improvement and social security and other facilities and improve two aspects, one to one on China Residential Land made constructive comments.The basic ideas of this article are:rural land use right as one of the most important property rights of farmers. In the past because the country protect the rural areas, farmers, agriculture, and the have no confidence to farmers,so they take many restrictions in the aspects of flow. However,In practice, the development of farmers, rural and agricultural needs money and financial leverage, the land use right is a very appropriate fulcrum. In accordance with the requirements of the situation and times of change,We should bright the fulcrum, and lay a solid foundation, and gradually release the restriction of land use right mortgage, and improve relevant systems, providing transfer platform to enhance circulation regulation, supporting social security and prevent good risk to the overall improvement of the system to keep up with social development, to meet the need to solve the "three rural" issues.In the process of reform, there are many contradictions to be resolved, many of the rules need to be explored, this is the meaning and value of this study.