| As an important component of the socialist market economy, rural economic development is crucial to China’s economic development. But China’s rural economic development exist the short board which is lacking of funds has seriously affected the development of rural economy and the improvement of living standards of farmers. Lacking of funding is the result of many factors, but one very important point is that the rural financial collateral in more restricted, as the villagers’ main farm house property, land contract and management rights, etc. As collateralwithout legal support. In this case, the financial institutions for risk control considerations reluctant to lend funds to farmers.In order to solve the difficult problem of loans to farmers, the country are explored and pilot rural property mortgage, I also follow a commercial bank on rural property mortgages were offered preliminary field research.Through the analysis and research, I believe that to build rural property mortgage system has its necessity and feasibility But there are still many problems in the current system of rural property mortgage process should be established as soon as possible. Scientific and perfect the legal system and rural property mortgage-related supporting mechanisms to promote rural property mortgage financing health orderly manner, effectively alleviate the shortage of supply of rural financial situation.Through empirical research methods, legal issues surrounding rural property mortgaged, six parts expand more deeper analysis and discussion.The first part is an introduction, this part is the conflict on the current shortage of farmers in the production process and the growing financial needs of financial institutions lending efforts among the concerns raised articles and research object, namely a greater dynamism in the rural economy as a release the case of China to promote rural development, deepen the reform of the inevitable trend of rural finance, on how to get farmers to enjoy mortgage land contract and management rights, rural housing, forestry and other rural property rights through equal financial services laws and institutions to carry out further exploration. Introduction section of rural property while mortgage involves finishing the relevant literature to find studies starting point of the article. I collect domestic literature on rural property mortgage system study about the feasibility of rural property mortgage research.For land contract and management rights mortgages, rural housing, feasibility homestead mortgage, with different voices and perspectives. Oppose rural property mortgaged scholars believe that in the current social security system in rural areas not yet fully established. So, rural property mortgage may make farmers lost their land, such as the existence and prosperity of rural housing, creating new social problems that affect social stability. Support rural property mortgage scholars argue that property rights should be fully aware of the rural economic attributes play a positive role in rural finance in. At the same concerns for farmers lost property rights in rural land mortgage process, rural housing, etc, can also be properly addressed at the institutional level. Mortgage system in the study of the construction of rural property, most scholars are aware of the existence of legal barriers and lack of supporting systems and other issues related to mortgage institution building process of rural property, affirmed the necessity of establishing rural property mortgage-related laws and regulations. And some scholars put forward ideas and concepts of law and institution building mortgages rural property.In addition, I also understand some of Germany, the USA, Japan, the Philippines and other countries in the mortgage practices and measures of rural property rights. To the theoretical research and institutional construction of rural property mortgaged our country provide references.The necessity and feasibility analysis of the second part is rural property mortgaged, this chapter first describes the current financial services, but the increasing demand of China’s rural financial system reflects the typical rural dual structure, non-formal financial institutions than formal financial institutions in rural areas play a more important role in financial status. Rural property collateral because the law does not support the cause of the lack of formal financial institutions in the rural financial market development is unsatisfactory, the implementation of the policy of expanding the scale of agricultural loans difficulties.Articles by the analysis of rural property mortgage leads to the need for rural property mortgage feasibility study. The author analyzes the one hand, from the legal property rights of rural property, rural property considered as a land contract management rights, rural housing tenure and forest rights as defined under the law, have the nature of usufruct, it was decided in the rural property real economic activity should enjoy equal freedom of other property transfer and mortgage rights, farmers’ right to ownership of rural land contract management rights secured, rural housing, such as the right to apply for forest loan financing.The other hand, the actual analysis of the feasibility of rural property collateral. Viability of rural land contract management rights secured, the author believes that its security does not necessarily lead to the loss of land and be able to produce subsistence farmers to effectively obtain the necessary funds to provide an important channel for financial institutions but also to develop a huge investment markets.Agricultural real estate mortgage right from feasibility point of view, I believe that with the accelerated process of urbanization in rural areas, coupled with the liberation of many farmers from the land out of the migrant workers, many of the rural farm house is no longer the same as the traditional sense with a strong nature of the family property and spiritual sustenance, and now people will think more about the property value of rural housing, more and more farmers began to hope to realize the value of their property, rural housing, rather than just sitting on the property and can not be fully realized. As the majority of rural housing in rural areas is more significant value of property rights, can be used as collateral if the subject to be able to provide a solid and reliable protection for the more substantial financing farmers.From the perspective of the feasibility of the forest right mortgage, I believe that forest as an economic resource rather than the protection of the means of production, so there is a natural forest right mortgage superiority for the forest right mortgage, in addition to the economic benefits can be achieved in advance forest tenure, the farmers planted trees can also get more production funding to expand forestry production, thus entering a virtuous cycle, promoting the development of the forestryindustry.The third part is the problem of the construction of rural property mortgage system, the part of the author mainly with participation of real property through a commercial bank mortgage lending in rural areas of research, proposed the building of rural property mortgage system exists in the current problem.First, rural property mortgage finance work carried out in the presence of local governments, farmers and financial institutions tripartite body, due to historical and practical reasons, the tripartite body attitudes toward rural property mortgages vary, much of government policy in the current agriculture guided advocated promoting rural property mortgage financing, but relatively weak awareness of farmers finance, financial institutions, although mortgage financing for rural property act, but more in a wait state, which led to a rural property mortgage financing is difficult to form a joint force. Second, rural property for mortgage security work and do not have the legal follow-up, according to China’s current law, rural property mortgages, especially in rural land contract management rights and rural housing mortgage is essentially not permitted, resulting in a realistic rural property mortgage difficulties hampered the healthy development policy and rural economic realities floor. Third, rural property mortgage related systems, such as the social security system, market mechanisms, risk support mechanisms, agricultural insurance and banking competition mechanism, the mechanism is not perfect, specific performance factors can not be a free flow of rural property; financing guarantee company funds inadequate internal lack of systematic and scientific project risk control, risk assessment; agricultural insurance business shrinking year by year, failed to establish as allowed by WTO rules and international agricultural insurance system more accessible; banking financial institutions due to the competition in the industry inadequate and do not want to venture into the rural market, these also led to difficulties in the work of advancing rural property mortgage.The fourth part is the construction of the basic principles of rural property mortgage system, the main author of this chapter presents the basic requirements of the construction of rural property mortgage system, set the tone for the construction of rural property specific mortgage system. First, the principle of the rule of law in the whole process of construction of rural property in the mortgage system should correctly grasp the relationship between reform and legislation, first get rid of the existing legislative provisions, then the law reform measures to ensure the rule of law reform in the rail smoothly.The second is the principle of balance of interests, rural property mortgage system build process, should be fully considered, taking into account the government, financial institutions, farmers’ demands tripartite achieve "win-win", but not a single cause to satisfy the interests of a party’s interests to other parties loss. Third, market principles. Mortgage system should fully respect the rights of rural market rules, can not be forced to mix and implementation, reducing government mandatory.The fifth part countermeasures and suggestions for promoting the construction of rural property mortgage system. This part of the author mainly for the construction of rural property in the mortgage system problems from sound legal system, establish support measures to build mechanisms and other aspects of risk measures put forward concrete suggestions. rural property mortgage system construction.One should be on "Property Law" and "Guarantee Law" and other laws to be modified and further innovation, get rid of legal barriers rural property mortgaged, rural property mortgages provide a legal basis for the promotion of the country. In the design process of the law, but also to meet the objectives of rural property rights secured by the value of diversity, and improve the operation of the main mechanisms for rural property mortgaged, details the rights and obligations of the parties, and the legal form of relief mechanism explicitly set afterwards.Second, by carrying out rural property ownership, establish a scientific evaluation mechanism in rural areas, property rights trading mechanism to build a social security system covering urban and rural areas and to increase the coverage of financial institutions and other measures to make the construction of rural property mortgage related systems, and promote rural property be effectively recognized, scientific assessments, reasonable deal. Farmers and financial institutions and also because of the protection of competition and enhanced equity participation enthusiasm rural property mortgage financing.The third is to improve the financial risk control mechanism. By establishing a network of agricultural insurance, agricultural insurance policies pledged to the banks as collateral complement other measures of rural property rights, establish and improve the agricultural insurance system; credit environment by strengthening rural areas, the farmers into the People’s Bank credit rating system and improve the rural credit system and other measures to enhance the awareness of farmers to credit; comprehensive survey of lenders by production capacity, input level, sources of income and a reasonable set of loan amount, loan term loans and other measures to ensure product design.Through the development of rural credit guarantee credit laws and regulations, establish a policy as the main security agencies, security agencies and re-guarantee institutions guarantee system supporting collaboration agricultural mortgage-backed and other measures to ensure the construction of rural property rights system; through the establishment of rural property mortgage loan risk compensation system, government involvement in the disposal of non-performing loans collateral risk compensation and other measures to ensure the work of rural property mortgage financing.The sixth part is the conclusion, the author of the text of this section provides a brief summary of the author proposed rural property for mortgage and related institution building attitude. That is according to the development trend of China’s rural economy, farmers use land contract and management rights, rural housing and forest rights and other assets pledged to financial institutions for financing of capital is imperative, but should face the many problems faced by rural property mortgage financing, and to take effective measures to solve the problem, scientific advance rural property mortgage financing.Keywords:rural property; mortgage; legal system; support mechanisms. |
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