Research On Mortgage System Of Rural Land Operation Right

In order to establish system of rights that it spilt into ownership contract right and management right, third Plenary Session of the 18th Central Committee of the CPC have made it clear contract right and management right separate. The new rural rights system not only contribute to agricultural scale and intensive management, but also can play an important role in financing function and social security function. However, when two rights are divided into three rights, it makes the agricultural rights limit unclear, confronts with legal and practical obstacles. In this thesis, by analyzing the Pilot Project Chengdu, Wuhan and Chongqing rural land mortgage system, it finds that the original rural land contract and management rights framework does not meet the separation of powers system reform trend. The basic idea of this paper is that the analysis of the pilot mortgage system of rural land management rights in Chengdu, Wuhan and Chongqing area. Then it summarizes the existing mortgage system of rural land management rights problems in the practice under the separation of three rights. At the end of the article, it puts forward to some feasible suggestion when rural land management right is financing difficultly.In addition to the article introduction, conclusion, the article mainly consists of four parts:Part ?:Firstly, the paragraph introduces the background of the implementation of rural collective land management rights mortgage system. In this context, it discusses the concepts about separation of three rights and land contractual management rights mortgage. Finally, it demonstrates the feasibility and necessity of the right to operate the mortgage system from a theoretical and practical level.Part ?:It introduces three types of the pilot areas in various regions of the country, contains Respectively, the anti secured lending model, the direct mortgage model and the land association loan model, and states the characteristics and procedures of various loan models. Then, it introduces the current situation of the development of rural land management rights in Chengdu, Chongqing and Wuhan.Part ?:From the current situation of the development of management right of mortgage and the pilot areas, it summarizes the common problems in the mortgage system of land management right. For example:how to define management rights, how to get mortgage registration, how to achieve the interest of mortgage, and how to assess the value of the land.Part ?:This paragraph put forward to suggestions for the second part that it summarizes four questions from the level of the law and the level of the supporting system. With how to define management rights, it can modify the scope of the security law and the property law in the mortgage property, and sort out the relationship between the clear land ownership, contractual rights and management rights, and optimize power allocation of land property rights, make registration system perfect. With how to achieve the interest of mortgage, it should amplify the legal procedure of mortgage realization, improve the realization way of the mortgage of the land management. In order to solve the problems that how to get mortgage registration and how to assess the value of the land, it puts forward some suggestions to perfect the related system.