The Risk Of Rural Land Contract And Management Right Mortgage Loan And Legal Protection

Since the Third Plenary Session of 18 th Committee of CPC in November 2013,the central ministries issued several documents and required to innovate rural land mortgage guarantee,and actively encourage rural land contract and management rights of mortgage this new business.In Jan 2014,a central file is put forward for the first time on the basis of the implementation of the collective ownership of rural land based stable right to contract farmers,deregulation land management rights,allowing the right to the contracted management of land mortgage financing from financial institutions.In Aug 2015 the State Council issued the guidance on the management of rural contracted land and the pilot of the housing property rights of farmers,more clearly defined the development direction of the land contract management right mortgage.The mortgage of land contract management right can ease the difficulties of rural residents,and realize the effective flow of rural land funds.However,with the rural land contract management right mortgage business in the country gradually expanded,credit risk,the risk of rural land disposal and other adverse factors are also increasingly prominent,which restricts the rural land management right mortgage business to further promote.So to prevent rural land contract management right mortgage loan business potential legal risk,become liberalize the rural land contracting right of management,broaden the financing channels for rural residents,an important measure.Based on the analysis of the legal risk of rural land contract and management right mortgage,the paper analyzes the problems of establishing the system of rural land contract and management rights in China,and puts forward suggestions on improving the risk prevention system.This paper will focus on the legal risk of rural land contract and management right of rural land contract and management rights,the necessity and feasibility of establishing the system,and the legal risk prevention system of rural land contract management right mortgage loan is constructed...