A Study On The Forest Land Contract And Management Rights Of Mortgage Legal Issues

In2013,the China banking regulatory commission and the state forestry administrationjointly issued by the "implementation opinion about the forest right mortgage" clearly putforward the "contracted management of forest by farmers can obtain funds through bankmortgage",realized the historical breakthrough forestry resources change capital.Right to thecontracted management of collective forest land in accordance with the obtained in differentways into family contracting contract and the other way around.Legislation of the two kindsof forest land contracted management can mortgage has taken a different attitude,restrictedmainly reflected in the way of family contracting woodland contracting management right asmortgage targets.However,by the main part of collective forest rights reform,our country mostof the forest are all adopted family contracting way,needs forestry financing development isalso the main forest farmers,therefore the legislative provisions on forest land contractedmanagement of mortgage already cannot satisfy the need of social practice.This article fromthe perspective of law to the family contracting woodland contracting management right ofsystemic demonstration from theory to practice,combining with forest land contractedmanagement of mortgage system set up in the face of some legal problems,puts forward someperfecting Suggestions,trying to build to improve the system of forest land mortgage the rightto the contracted management of land,increase the farmers’ income,render contribution.In this paper,besides preface and epilogue,a total of three parts,about20000words.The first part,the summary of forest land contracted management of mortgage.Thissection first to define the concept of forest land contracted management.Secondly,analysisforest land contracted management mode of mortgage in mortgage pilot,determine forest landcontracted management of mortgage borrowers is mainly farmer of obtained grassland-useright,the creditor is the banking financial institutions,the mortgage object is the ownership oftrees and forest land contracted management.Current legislative ban in the form of familycontracting woodland contracting management right as mortgage targets,One reason is thatforest land contracted management of social security for farmers.This part finally from forestnatural attribute,social function is different from the cultivated land,the forest land contractand management rights satisfy the general conditions of the mortgaged property,the right tothe contracted management of forest land contracted management of mortgage will not necessarily make the loss of forest woodland,and can satisfy the capital demand offorestry development,stimulate the development of rural economy and so on,to expound thefeasibility and necessity of the forest land contract and management rights of mortgage.The second part,the impact of forest land contracted management of mortgage system oflegal problems.This section from family contracting woodland contracting management rightmortgage violate law,the mortgage realization faces many risks and mortgage imperfectsupporting measures three aspects to elaborate.First of all,the shortcomings in the legislationon family contracting woodland contracting management right of mortgage violate currentlaw,forest land and trees mortgage relations are not clear,laws prohibiting repetitive mortgageof forest resources.Secondly,the realization of mortgage right have risk,performance inforestry asset industrial risk,market circulation risk and risk of cutting quota.Finally,theperfect forest assets evaluation mechanism and insurance can be greatly reduced the risk ofthe mortgagee,ensure the the forest land contract and management rights mortgage,but ourcountry forest assets evaluation mechanism and insurance there are still insufficient.Such aslack of independent evaluation subject,evaluation personnel specialized quality lower,estimatecost is not reasonable.Forestry growth process has certain risks,the insurance should havepotential demand,however in the practice of forest insurance enthusiasm is not high,both tofarmers own reason,also have the causes of deficiency of forest insurance institution supply.The third part,the countermeasures to improve the system of forest land contractedmanagement of mortgage.Strengthen policy propaganda about the forest land contract andmanagement rights mortgage,and guide the farmer participate in forest land contractedmanagement of mortgage finance.In this paper,the author put forward to perfect the legislativeof forest land contracted management mortgage:Allow family contracting woodlandcontracting management right mortgage.Clear the relationship of forest land and trees.Allowthe forest land contracted management of repeat mortgage and determine the order ofimplementation.Second,reduce the risk of mortgage right implementation,protect the interestsof the mortgagee:Establishing forest land circulation market,develop diversified hypothecrealization way;Build reasonable cutting system;Gives the mortgagee the right ofdisposition,the priority of compensation and right of relief,fully protect their interests,in orderto attract more capital.Finally,improve the system of forest land contracted managementmortgage of supporting facilities,including building the forest assets evaluation mechanismand system of forest insurance,specific measures are enhancing forest assets evaluation criteria,evaluation personnel quality,reduce the evaluation fee;Forest insurance should bebrought into the scope of government,a provincial forest united insurance,innovative newcategories,adapt to the demand of forest.