Study On The Legal Countermeasures Of Creditor's Risk Prevention In The Mortgage Of Land Contract Management Right

The mortgage of land contract management right is an important way to solve the financing difficulties of farmers,to promote the appropriate scale of land management,and to promote the development of rural economy.After the third Plenary Session of the 18 th CPC Central Committee the state began implementing the land contracting right mortgage pilot work,the State Council and the people's Bank of Chinese promulgated guidelines and Interim Measures for land contracting right mortgage pilot,the experimental work has also made certain of effect.However,due to the particularity of the mortgage of land contract and management right,the agriculture related financial institutions are also faced with the special risks in carrying out this business.Therefore,in-depth study of the mortgage of land contract management right of creditors in the legal risk prevention countermeasures to promote financial institutions to actively carry out the business,accelerate rural financial reform and innovation,promote the integration of urban and rural construction has important theoretical significance and practical significance.This paper is divided into six parts.The first part is the introduction,based on research background and research significance in this paper elaborated on the relevant theoretical research of domestic scholars on the mortgage of land contract management right of this problem and practice,the research program of this paper,and the innovation and deficiencies may be explained.The second part is about the general investigation of the risk of the land contract management right mortgage,and defines the concept and the nature of the land contract management right.The mortgage of land contract management right is different from the general mortgage,the mortgage of land contract management right risk refers to the debtor fails to repay the loan or agreed mortgage cases,financial institutions to bring the possibility of loss and uncertainty.Further research on the mortgage of land contract management right of creditors in the legal risk prevention measures to promote financial institutions to loan,to solve the financing problem of the farmers,is conducive to promoting the innovation of rural financial reform.The third part is the main risk of creditors in the mortgage of land contract management right,as the core of the thesis,mainly is carries on the discussion to the creditor risk mortgage of land contract management right facing,including legal risk,operational risk,credit risk,the risk of four aspects.The fourth part is the experience of risk prevention in the typical area of the mortgage of land contract management right in the reference,through the investigation of the Shaanxi Gaoling,Fujian Shaxian County,China Sichuan Chengdu,Ningxia Pingluo land contracting right mortgage risk prevention practices,we can see that the government's support and reasonable financing mode,scientific evaluation and effective method the risk prevention provides us with beneficial enlightenment.The fifth part is the legal risk prevention countermeasures of the creditors of the mortgage of land contract management right,in this part,this paper from the six aspects of the legal risk prevention measures to the mortgage of land contract management right,respectively,in order to establish and perfect the relevant laws and regulations,strengthen the agricultural credit management,credit guarantee combination,build innovation risk compensation mechanism,perfecting the agricultural land value evaluation mechanism and strengthen the construction of rural credit system.The sixth part is the summary and outlook,summarized the main points of this form,put forward in the follow-up research can be explored deeply from the protection of the interests of landless farmers and auction system of land contracting right after.The innovation of this paper lies in: the perspective of the topic is novel,on the choice of the creditors from the mortgage of land contract management right in the perspective of in-depth system;practical value,combined with the theory of risk,system risk and its prevention law in the face of creditors land mortgage policy,and provide some reference for the financial institutions to carry out the relevant business.