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Study On The Legal Issues Of Rural Land Financing Under The Condition Of "Separation Of The Three Right"

Posted on:2019-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2416330545478957Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
19th CPC National Congress of the party puts forward,"implement the strategy of village rejuvenation." The problem of agricultural and rural farmers is a fundamental issue related to the national economy and the people's livelihood.We must always make the resolution of the "three rural issues" the top priority of the whole party's work."in July 2017,the Amendment to the Rural Land contract Law(draft)" was submitted to the standing Committee of the National people's Congress.The draft has carried on the related legislation to the rural land contract right and the management right question,marked the rural land three rights division policy to enter the legislative agenda.At present,the system of land contract management right is still set up for the rural land circulation in most areas of our country.Because of the special background of this system,there are many imperfections in the legal level.And the lack of corresponding supporting system to assist the implementation of the system,making the lack of operability in practice.The introduction of the three-right division policy for rural land circulation financing pointed out a new direction.As early as 2014,the policy of land division with three rights has already taken the rudimentary form,and it has been experimented in many areas of our country,and has achieved good results.Therefore,it is particularly urgent to fix this administrative policy at the legal level.On the legal level,the establishment of the policy of separation of three rights has the greatest impact on the right system of rural land.The introduction of the policy of separation of three rights has made it possible for farmers to make use of land for financing,and the policy of separation of three rights will have the right to operate.The division of contract right brings new possibility to rural land mortgage.After introducing the connotation of the three rights division,this paper gives a corresponding introduction to the issue of foreign land circulation,hoping to draw some inspiration from the research on the relevant issues in China,and then proceeds from the current rural land circulation financing in China.Find out the problems existing in the current land circulation,and solve the problem in chapter 4.Decision.The author believes that for the circulation of rural land management right,it is necessary to set up a certain risk prevention and control mechanism and risk control warning limit for the rural land contracted out of the country,and the corresponding registration system must also be set up.This is the basic condition of the wind control mechanism.The registration,circulation and change of the land contract must be one-to-one corresponding,so that each step of the land change is clear and clear,and can be traced back to the source,and when legal disputes arise,the responsibility can be clearly taken.In order to improve the rural social security system and develop rural financial guarantee mechanism.
Keywords/Search Tags:Land Management Right, Separation of the Three Right, Collateral
PDF Full Text Request
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