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Research On The Innovation Of Mortgage System Of Farmland Rights

Posted on:2018-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:D HeFull Text:PDF
GTID:2336330515979155Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the acceleration of agricultural modernization and urbanization in China,the development of moderately sized enterprises becomes an urgent demand for farmers,and more and more farmers want to obtain asset returns through agricultural land circulation.Farmland rights mortgage is an important method of farmland circulation,which provides effective support for farmers to obtain financing loans.The current Chinese legislation prohibits farmers using the land contractual management right that obtained by the family mode as mortgage,however,such legislation failed to make the the agricultural land rights achieve their greatest property value.The reform of the "Three Rights Division" of the agricultural land provides a feasible path for the land contractual management right obtained by the family mode,which helps to improve the utilization efficiency of the land.In the context of "Three Rights Division," the farmland rights structure is characterized by "collective land ownership,farmer land contract management right and land management right".The land management right does not guarantee farmers' survival rights,but the property rights which are characterized by the usufructuary right and mortgage security functions.When the land management right becomes a mortgage object,we can not only avoid the conflicts with the existing law on the prohibition of land contract management rights,but also prevent farmers from losing their land.On the basis of insisting the legal view of "Three Rights Division " policy,and the current Chinese practices of rural land right mortgage,this paper aims to discuss legal issues involved in the construction of the land right mortgage system with the land management right as the object.First of all,this article takes the theoretical basis of the " Three Rights Division " policy as the logical starting point.Through the summary of the " Three Rights Division " policy of the agricultural land and the summary of the relevant theoretical problems,and clarifies the nature of the land use rights of the usufructuary property,and it is clear that it has a mortgageability.Secondly,this paper analyzes the reason why Chinese legislation prohibits land contractual management right becoming the object of mortgage.After summarizing the experience of the pilot area of land contractual management in our country,I further analyze the practical difficulties faced by the mortgage contract of land contract management right,and then put forward the concrete plan to overcome the above-mentioned difficulties,which is establishing the farmland right Mortgage system.Finally,this paper explores the choice of the guarantee model of agricultural land rights rights while exploring the establishment of the mortgage system of land management right and its concrete structure,and clarifies the two characteristics on the basis of grasping the characteristics of "right mortgage" and "right pledge",and analyzes the land management rights as the object of the agricultural land rights mortgage system of superiority,and the establishment of supporting mechanisms to make reasonable recommendations.The aim of the implementation of land management right mortgage is to achieve the " Three Rights Division " policy "to relax the land management right".The inevitable requirement to land management right as the object of mortgage is to achieve the optimal choice of land rights mortgage.With gradual progress of the pilot project of China's agricultural land mortgage financing,the relevant legislation should also modify in time,making specific institutional arrangements,in order to respond to the current rural land reform in China,the guarantee mode of land operation right mortgage,the establishment mode of mortgage,the specific structure of mortgage and so on.
Keywords/Search Tags:Separation of Rural Land Rights, Land Contract Management Right, Land Management Right, Land Right Mortgage
PDF Full Text Request
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