Study On Legal Problems Of Mortgage Financing In Rural Contract Land Management Right

Land is the source of life for rural social and economic development.However,the rural land resources,as the greatest wealth of peasants,are not fully utilized,which leads to the insufficient supply of rural capital resources as the blood of the rural economy,which has seriously affected the agricultural scale of our country Management and rural modernization process.As a basic system in our country,the land system is the key system to solve the problems of Agriculture,Rural areas and Peasantry in our country.Under the ownership of state and collectively owned land under the form of land ownership,peasants' right of land use are limited and farmland resources are therefore not fully utilized.How to turn the "sleepy assets" of under-utilized farmland resources into "liquid assets" has therefore become the key to solving the problems of Agriculture,Rural areas and Peasantry in our country.The "three rights division" put forward by the "No.1 Document" of the Central Government has provided new ideas and possibilities for activating the agricultural land resources for solving this problem.In recent years,the practice of mortgage loan from land contractual management right to the trial of mortgage financing of contractual land management right has emerged continuously.However,there are various institutional obstacles to the practice of mortgage financing of contractual land management right in various places.Based on the research on the legal issues concerning mortgage financing of rural contractual land management right,it will sort out the Chengdu pilots in the province and even the country and summarizes the system problems in practice,and puts forward corresponding measures to improve the system.In addition to the introduction and conclusion,this article is divided into four parts,the main contents are as follows:The first part is the general problem analysis.This part introduces the origin of rural contractual land management right and the latest developments of mortgage financing of rural contractual land management right,and analyzes the jurisprudence foundation of rural contractual land mortgage insurance.The second part analyzes the current situation of practice.This part mainly analyzes the current status of the mortgage financing of rural contracted land management rights in Wenjiang District and Chongzhou City under the jurisdiction of Chengdu,and reviews the practices of the two places in this regard and evaluates them to pave the way for the legal dilemma.The third part is the analysis the legal predicament.This article from the following four aspects expounds the institutional obstacles in the reform of rural land contractual mortgage financing reform.Firstly,the legal system for mortgage financing of rural contracted land management rights is incomplete;Secondly,the lack of institutional support for the evaluation of rural contracted land management rights;Thirdly,the market supervision system for the transfer of contracted land management rights is not perfect.Finally,the risk prevention mechanism for mortgage financing of rural contracted land management rights is incomplete.The fourth part is the system perfect suggestion.Based on the third part of the dilemma,this part of the system put forward the corresponding countermeasures and suggestions.Firstly,to follow up the legislation,the key is to determine the nature of rural contractual land management rights,so that it can be docked financing provisions.Secondly,through the establishment of evaluation criteria for the price,the establishment of professional rural land price assessment agencies and personnel and other measures to improve the rural land contract.Thirdly,through the establishment of rural property rights trading market system and the establishment of land transfer service agencies,improve rural land contractual transfer of market regulatory system.Fourthly,through the improvement of agricultural insurance system,the establishment of agricultural credit guarantee agencies and improve the rural community Safeguard system,improve the rural contractual land management rights mortgage financing risk prevention mechanism.