Font Size: a A A

Research On The Mortgage Legal Issues Of Theright Of Rural Land Management Under The "Three Rights Division"

Posted on:2019-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:X LanFull Text:PDF
GTID:2416330545991186Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Agriculture is the basic industry of our national economy.Land is the most basic factor for the survival and development of farmers and the key to solve the problem of agriculture,rural areas and farmers in China.Rural finance is an important force to support and serve the development of agriculture,rural areas and farmers.Rural finance has always been a weak link in China's financial field.The rural financial issues in China are strictly controlled by the security law,property law and the rural land contracting law.Rural lands contracted by families cannot be mortgaged,and research on the rural financial related issues is conducted under this premise.At present,under the background of China's rural land property rights reform of “Division of three rights”,the contracted land in rural areas achieved the separation of ownership,contracting right and operating right.The accelerated circulation of rural land has enhanced the economic attributes of the land.On the basis of the “Division of three rights”,the financial value of land management rights should be brought into play,and the mortgage system for land management rights should be perfected.This is the inherent requirement for the reform of China's rural land system and financial system.This research relies on the background of the reform of “Division of three rights” in rural contracted land in China.It focuses on the mobilization of rural land resources and the release of the financial value of rural land management rights.The mortgage of rights is the object of this research,applying theories of the right to existence and development,the theory of interests and interest mechanisms,the theory of land development rights,the theory of macroeconomic regulation,the theory of institutional change,the risk theory,etc.,and adopting literature analysis,empirical analysis,comparative analysis and so on.Combined with the practice of rural mortgage land pilot areas in rural areas,the legal system design and related operational guarantee mechanisms for the mortgage of rural land management rights were completed.This research is divided into seven chapters.The first chapter is the introduction,which mainly clarifies the background,purpose,significance,research methods and innovations of this research.The second chapter mainly defines the related concepts such as division of three rights,land management rights,mortgage of land management rights,and introduces the main legal theory and economic theory applied in this research,and lays the foundation for follow-up research.The third chapter,through empirical analysis,examines the institutional status and the practice of rural land management right mortgages in China.Summarizes the obstacles to restricting the development of mortgaged rural land management rights under the “Division of three rights”.Analysis of the main reasons for the problems existing in the mortgage of rural land management rights.The fourth chapter is a comparative study of foreign experience.By introducing the measures taken by the United States,Germany and Japan in farmland finance,especially in rural land mortgages,the four useful lessons that can be learned are summed up for our country's relevant systems.The fifth chapter is the design part of the system.Under the background of the “Division of three rights” of rural contracted land and relatively independent land management rights,mainly from the mortgage of rural land management rights,the establishment of mortgages,the scope of validity,duration,the realization of mortgage rights,the right of subrogation and the purging right,the legal system of the mortgage of rural land management rights has been systematically designed and improved.The sixth chapter is the operation guarantee mechanism of the system,which is mainly conducted from the aspects of the rural social security system,market-oriented service system,risk prevention and control and sharing mechanisms,and agricultural insurance guarantees.The seventh chapter is the conclusion of this research.It mainly elaborates the main research conclusions obtained through the research and prospects the research direction and content of the mortgage of rural land management.
Keywords/Search Tags:Division of three rights, The land management, The mortgage of land management, System design, Operation guarantee
PDF Full Text Request
Related items