Research On The Mortgage Financing Mechanism Of Management Right Of Contracted Land Under The Background Of "Three Separate Rights"

In 2016,the people's Bank of China,the Banking Regulatory Commission,the Insurance Regulatory Commission,Under the guidance of the rural land mortgage policy,the Ministry of Finance and the Ministry of Agriculture(now the Ministry of Agriculture and Countryside)jointly issued the interim measures for the pilot loan of the right to manage the contracted Land in Rural areas(hereinafter referred to as the interim measures for the pilot),The conditions,procedures,loan interest rates and disposal methods of mortgage loans for the management right of contracted land are made specific arrangements,and a list of the pilot areas for mortgage loans for rural land management rights approved by the standing Committee of the National people's Congress is also printed and published at the same time.Under the guidance of the policy,the pilot areas have successively carried out the pilot work of land mortgage financing with local characteristics and achieved certain success.It provides a useful reference for exploring and perfecting the mortgage of land management right and constructing the new agricultural management system.Through combing the relevant literature and field investigation,it is found that the land management right as the subject matter of mortgage and the real situation of rural economic development are very special.The capital supply side,namely banking financial institutions,is faced with problems such as the evaluation of the value of management right and the lack of circulation and disposal mechanism,and the fund demand side,that is,the agricultural management subject faces the problems of high loan cost and low demand satisfaction.In addition,the macro level of mortgage pilot exists the absence of government fiscal function,the weak support of central bank monetary policy and financial supervision policy.Pen On the basis of field investigation of farmland mortgage pilot work in Meitan County,Guizhou Province,some suggestions are put forward to improve the operation mechanism of management right mortgage financing.This paper is composed of the following four parts(excluding introduction and conclusion):The first part is about the theoretical basis of mortgage financing of management right of contracted land under the background of "three rights division".First of all,with the background of rural land ownership,contract right and management right "three rights separate structure" as the background,the paper carries out a theoretical study on the division of management rights under the system of "dual property",secondly,combs the evolution ofrelevant policy documents of management right mortgage financing in our country.At last,it discusses the legal principle of mortgage financing from the perspective of the power of mortgage disposition and the optimal allocation of farmland resources.The second part is the Meitan County mortgage financing pilot status analysis and research.First,it analyzes the characteristics of the pilot work in the research area and the actual results achieved.Secondly,with the research data as the support,from the banking financial institutions,agricultural management bodies and government departments to comprehensively sum up the three-dimensional perspective of the outstanding problems existing in the investigation area.It lays a foundation for improving the operation mechanism of agricultural land mortgage financing.The third part is to select the typical agricultural land mortgage pilot model for in-depth analysis and horizontal comparative study.By comparing and analyzing the actual operation performance of Ningxia Land Mortgage Association Model,Tianmen Government centralized guarantee Model and Wuhan Rural property right transaction Center Model,this paper summarizes the experiences of the main models and the places that need to be improved for sustainable operation.In the fourth part,the author puts forward some suggestions on how to improve the operation mechanism of management right mortgage financing.First of all,from the agricultural main body market access,mortgage financing procedures and mortgage disposal and other aspects of the construction of standardized land management rights mortgage operation mechanism;Secondly,some suggestions are put forward on the perfection of mortgage credit,mortgage registration,mortgage financing risk identification and prevention,mortgage disposal and so on.property right transaction center mode operation mechanism,the actual operation p-erformance contrast analysis,draws lessons from the typical model feasibility,the consummation,Based on the field investigation of the mortgage financing model in the pilot area,the papersummarizes the sustainable operation of the land mortgage model needs to be improved.The fourth part is to put forward the suggestion to the operation mechanism of managemen-t right mortgage financing.This part starts from two aspects: the main body system of the operation mechanism of mortgage financing and the perfection of the supporting system,and sets upthe procedure of establishing the right of operation mortgage,and guard against the risk of mor-tgage financing.Some suggestions are put forward on how to deal with mortgage and how to protect the right to obtain financial resources.