The Investigation Of Land Contract Management Right Mortgage In Leiyang City

In November 2013, the third Plenary Session of the 18th CPC Central Committee, the "decision"clearly pointed out in the cultivated land protection system to uphold and improve the most stringent conditions, giving farmers the right to the contracted management of mortgage. In 2014, "the central document" of the CPC Central Committee and State Council on the deepening of rural reform and accelerate the modernization of agriculture a number of opinions, referred to as the "2014 central document" Based on the further implementation of collective ownership of rural land, mortgage financing from financial institutions the right to operate land contracting permission for this the mortgage of land contract management right at the policy level to provide strong support. In fact, as early as 2008, to support agricultural loan policy has been introduced in Chongqing, Kaixian, the local government to encourage farmers to use right of rural land transfer business to the commercial bank mortgage financing. However, obtained China’s current legislation on the household as a unit of the family contract collective land mortgage of land contract management right to prohibit attitude, carry out the right mortgage financing is mainly based on the policy of the party and state, current laws and policies are contradictory. Whether the law should clearly allow the land contract management rights can be secured? The mortgage of land contract management right which will bring benefits? The mortgage of land contract management right in the process, of carrying out what problems? How to solve these problems? With these questions, the author of the land contracting right Leiyang city of Hunan province to carry out mortgage investigation, taking the investigation report in the form of mortgage of land contract management right in Leiyang city is presented, and put forward the corresponding opinions and suggestions on the existing problems, in order to provide some reference for perfecting the land contract management right the law and practice of mortgage mortgage of land contract management right.This thesis is divided into three parts:The first part is the basic situation of right to the contracted management of land circulation in Leiyang. The main contents include the introduction of the basic situation of Leiyang city and the town of Yongji and visited the focus on the specific circumstances of the city for the land circulation and land ownership certification of.The second part is the right to the contracted management of land in Leiyang City mortgage situation and problem. According to the collected records and field visits in the process of data, introduce specific mortgage and collateral disposal in the process of the mortgage of land contract management right in the city, and pointed out two aspects of the existing mortgage of land contract management right in Leiyang city. The first aspect is the legal problems of mortgage of the right to land contractual management First, carding and analysis of China’s existing laws and other normative documents, in the current law through bidding, auction and public consultation, the "four barren land" contracting right mortgage allows; to contract with the family of the contracted land is prohibited mortgage, only in some pilot areas policy, opinions and other normative documents to allow the mortgage of land contract management right. Secondly, the mortgage of land contract management right while the pilot work has been carried out in Leiyang City, but as the author visited when not supporting the introduction of local laws and regulations, land contract and management rights in legal mortgage, the area is still in existence, the inharmonious phenomenon of current laws and policies, this phenomenon leads to both lenders and borrowers unable to predict credit risk, not conducive to the work of mortgage of the right to land contractual management. The second aspect is the imperfect matching system hindered the Leiyang pilot land contracting right mortgage work, including the property right is not clear, it is difficult to determine the value of the collateral, the bank loan management difficult and risk protection mechanism is not perfect, bank lending enthusiasm is not high, no transfer of the contractual right of land market and the government propaganda work in six aspects.The third part for the mortgage of land contract management right in Leiyang city put forward their suggestions. (1) improve the land contracting right mortgage law:the law should be clearly made available by the way of family contract land contract management rights can be secured, stable income and occupation should not become the land contracting right of land contract management right of the people to limit the premise, the law should weaken the transferee qualification or the identity of the contracted management of land right restrictions; (2) improve the land contracting right mortgage supporting system:establish the system of land contracted management rights and registration of the mortgage of land contract management right, establish the contracted land circulation market value evaluation mechanism, establish the right to land contractual management, the establishment of agricultural insurance system, to achieve a variety of modes of the mortgage of land contract management right; (3) the government should actively carry out the mortgage of land contract management right service function:actively carry out publicity duties, coordinate in rural areas The right to transfer record and standardize the land contracting right mortgage loan in the process of three aspects to increase the mortgage of land contract management right support etc.