Study On Legal Mechanism Of Mortgage Risk Prevention And Control In Farmland Management Right

With the further relaxation of the policy of rural land on the central level,the practices of contractual land management mortgage are further promoted.At the same time,with the development of land management mortgage loans,this special loan business risks are increasingly exposed,and growing,it is necessary to establish a set of land management rights mortgage risk prevention and control of the legal mechanism.Therefore,this paper chooses the research on the legal mechanism of mortgage risk prevention and control of agricultural land management right,and specializes in this issue.This thesis is devoted to provide some references for the establishment and perfection of the right to operate land in China's land contract mortgage risk prevention and control legal mechanism by doing some specific research.In addition to the "Introduction" and "Conclusion",the thesis consists of four parts:The first part is the overview of the land management right mortgage and its riskThe right to operate land is the abbreviation of mortgage for rural households.Farm Land Management The risk of mortgages is manifested in the possibility of causing the assets of a commercial bank to suffer actual economic losses or economic losses.It is equally important to promote the risk of land management and the risk of controlling land rights.The second part-the risk type and the cause analysis of the mortgage right of rural land management rightThe types of risks caused by mortgage loans are diversified,but mainly due to the risks arising from the uncertainty of the law,the risk of the property of the mortgaged property,the risk of the mortgaged property valuation,the disposal of the mortgaged property Risk,the risk of mortgage property rights risk of a total of five aspects of the risk.There are many reasons for these risks,including the risks,objective causes and subjective reasons that the legal provisions do not clearly lead to the risk of impairment of the mortgaged property itself,lack of professional assessment institutions and scientific assessment methods.The third part--Present Situation and Evaluation of Mortgage-raising Risk Prevention and Control Mechanism in Farmland Management RightIn order to effectively prevent and control the risk of land management mortgage loans,August 20,2015,the State Council issued a guidance.March 24,2016,the central bank,the Ministry of Agriculture and other five ministries jointly issued a pilot to promote agriculturalland management mortgage approach,is in line with the central government level supporting policy.At the policy level,there have been some preliminary measures to prevent and control the risk of land management mortgage.But these measures are too fragmented,targeted is not strong,the lack of system and other characteristics,not yet perfect,there are a series of problems.These problems are manifested in four aspects: First,the majority of policy measures,and the lack of legal effect;Second,the existing risk prevention and control measures have obvious tendencies;Third,some risk prevention and control measures are not reasonable;A systematic and systematic legal mechanism for the prevention and control of risks.Therefore,we need to study theoretically how to put forward a set of systematic and systematic agricultural land management right mortgage risk prevention and control legal mechanism.The fourth part is the perfection of the legal mechanism of mortgage risk prevention and control of agricultural land management rightWith the gradual reduction of the land management right mortgage policy level,it is very important to put forward the perfect proposal of legal level for the risk of mortgage risk of agricultural land management right.There are four basic principles of the legal mechanism of mortgage prevention and control.First,the prevention,the principle of prevention and control,the second,the promotion of the right to finance and ensure the stability of the loan funds;Government support,the principle of combining the operation of the market;Fourth,the principle of comprehensive prevention and control.In the future reform,it should be based on the basic principles of the prevention and control of the mortgage risk of agricultural land management right,especially the combination of comprehensive prevention and control principles,try to improve from three aspects of the right to operate land management mortgage risk prevention and control of the specific legal mechanism Suggestions: First,the scientific design of agricultural land management rights mortgage a series of legal system,the second is to improve the management of land rights mortgage risk prevention and control of the legal protection mechanism;Third,improve the management of land rights mortgage risk prevention and control of supporting legal mechanism The From these three aspects,the comprehensive prevention and control of agricultural land management rights in the process of mortgage a series of risks.