The Study On Risk Prevention System Of The Mortgage Of Land Contractual Management Right

The party’s Third Plenary Session has adopted the "decision of the CPC Central Committee on deepening reform of several major issues", and given the right of mortgaging the land contractual management right, which breaks through the restrictions on the mortgage of land contract management right over a long period of time, and accelerates the speed of conducting the mortgage in many pilot sites. The mortgage of land contract management right has a significant advantage in developing land value and raising funds, and it is conducive to promoting the prosperity of agricultural modernization as well as rural financial market. It also can improve the income of the farmers. But in practice, the mortgage of land contract management right has certain degree of risk, which may restrict the mortgage system effectiveness and even endanger the social stability. Therefore, this paper intends to compare the mortgage systems of land contract management right in pilot sites, analyze the main risks in the running process of the system and put forward the corresponding counter-measures, in order to benefit the implementation of land contractual management right mortgage system.The first part mainly expounds the status of mortgaging land contractual management right. On the mode of mortgage, there is innovation for the classification. According to different classification standards, there are mortgage modes including collective farmers’contracted management land right, farmers’ contracted management land right, and enterprises’contracted management land right; low risk mortgage mode, middle risk mortgage mode and high risk mortgage mode; and most importantly, direct mode and indirect mode. Then this paper explores various modes in practice, and analyzes the relevant normative documents issued.The second part mainly expounds the risks in the process of the mortgage of land contract management right. Through the observation of the mortgage in pilot sites, it points out the main risks faced or may faced in the mortgage process, including legal and policy risk, assessment of the land value risk, land lost risk and social risk, and the change of land use risk.The third part mainly expounds the law system constructed for reducing the risks. It is based on the second part as the foundation and proposes law countermeasures to guard against the risks, suggesting:insist the separation of ownership, management right and contractual right, make the definition of the mortgage of land contract management right clear, develop the system of mortgaging the land contract management right, and regulate the mortgage contract.The fourth part mainly expounds the risk prevention supporting mechanisms of the mortgage of land contracted management right and their perfection. It mainly introduces the value assessment system, commercial insurance system, financial security system, service and supervision system, interest rate and tax system, and then puts forward corresponding suggestions.To sum up, this paper mainly focus on the status of mortgage of land contract management right through the introduction of the main pilot sites, the main risks in the mortgage process and corresponding preventive measures against these risks, so as to remove the obstacles in the operation of the mortgage and ensure the smooth implementation of management right mortgage.