Study On The Mortgage System Of Land Management Right

Allow land management right mortgage,is conducive to solve the agricultural production and management process in the financing problems,is conducive to the settlement of land to solve the problem.Although the central and the State Council promulgated a series of policies to encourage land management rights mortgage,but it did not make specific arrangements for the relevant system.Moreover,the study of land management rights is still in its infancy,and the practice of land management right has not been affirmed by law.Therefore,the land management right mortgage in the theory and practice have more room for research.Therefore,this paper analyzes the meaning and legal attributes of land management right,discusses the practice of land management right mortgage and the existing problems,and puts forward some suggestions on how to improve the land management right mortgage system.The full text is divided into four parts:The first part is the legal definition of land management rights.Based on the summary and analysis of existing research and local practice,this paper clarifies the proper meaning of land management right.Secondly,this paper analyzes the difference between land management right and land contractual management right,and thinks that land management right is different from land Contracting the right to operate an independent property.Finally,this paper analyzes and criticizes the different understanding of the nature of land management right,and puts forward the understanding of the nature of land management right.The second part is the normative problem of mortgage of land management right.This paper analyzes some of the normative problems of land contractual management rights in combination with the practice of mortgage management of land management right.This paper has determined that the mortgages of land management right are contracted farmers,farmer cooperatives,legal persons and family farms,professional big and so on The owner of the business;the mortgagee approved by the competent authorities,has made the corresponding qualification of financial institutions;land management right mortgage should be signed by the land management right mortgage contract and should be registered,registration is the land management right mortgage contract entry;The scope of the mortgage in principle is less than the attachments on the ground and its output;land management right mortgage should be implemented by way of auction,sale,and should learn from the mandatory management system to improve the land management right mortgage to achieve the way.The third part is the land management right mortgage practice and its problems.Based on the analysis of Zhangpu model,Zhongxiang model and Pingluo model,the author thinks that there is a lack of relevant laws and regulations in the mortgage practice,the imperfect value evaluation mechanism is not perfect,the mortgage financing platform is imperfect and Risk prevention and control measures and other issues.The fourth part is the improvement of land management right mortgage system.This paper puts forward some suggestions on how to improve the relevant laws and regulations,improve the mortgage registration system,establish the value evaluation mechanism,broaden the mortgage financing platform and reform the risk prevention and control measures in view of the existing problems in the practice of land management right mortgage in our country.