Investigation On The Civil Law Of Forest Mortgage In Chengkou County Of Chongqing

Forestry is not only an irreplaceable link of ecological construction,but also one of the important industries to promote the development of national economy.In the context of improving ecological civilization,forestry plays a major role in promoting sound and rapid development of national economy.In the reform of forest right mortgage,forest right mortgage is an important way of financing for forest right holders and provides financial support.Based on the investigation in chengkou county of chongqing,this paper analyzes the relevant legal issues of forest right mortgage,studies and analyzes the individual case problems of forest right mortgage in chengkou county,reflects the deficiencies of the current forest right mortgage system in the local reform practice,and puts forward the ideas to solve the problems.This article from four parts to analyze in detail the forest right mortgage civil law question.The first part introduces the background and general situation of the development of forest right mortgage in chengkou county,chongqing.The county has a large number of agricultural population,the overall forest coverage rate of more than 64.5%,is a typical large forestry county,chengkou county has a unique geographical conditions suitable for the development of forest rights.The financing demand of economy becomes the motive force of the development of forest right mortgage.This section presents the local legislation of chongqing municipality and the reform measures of the county.The second part is about the subject of forest right.In order to protect forest resources,too many restrictions on forest farmers disposal rights.Practice to promote the realization of forest right value and speed up the circulation of forest right,not too much limit the mortgagor disposition,it is necessary and reasonable to limit the area of forest right people subject to expand forest right subject right,the development of new type of forest rights management main body,bank financial institutions to actively promote other civil subject participate in the forest right mortgage,the mortgage subject of forest right mortgage should have sufficient disposition.The third part is the research on the object of forest right.The unclear object of forest right mortgage hinders the exercise of the subject right of forest right mortgage to some extent.The guaranty law prohibits the mortgage of the right to use the contracted forest land.But the mortgagability of the right to the use of family forestland in the local legislation leaves room for mortgage.This contradiction leads to the fact that the disputes over the mortgage of the right to the use of forest land cannot be solved.But in fact the right to use the forest land contracted by the family should be allowed to become the object of mortgage.When the woodland and trees are mortgaged together,the mortgage of the right to the use of the woodland shall extend to the trees.And the tree mortgage does not need to reach the forest land;Due to the special nature of public welfare forests,it is not conducive to the circulation of forest rights to prohibit mortgage uniformly in legislation.The fourth part is about the realization of forest right.The main reasons for the difficulty in realizing the right to income from forest farmers in China are as follows: the restriction of disposal right of forest owners caused by quota logging,the contradiction between the growth cycle of collateral and the realization cycle of creditor’s rights,the high cost and low efficiency of the mortgage of forest rights,the poor circulation in the realization process of forest rights,and the difficulty in realizing the value of collateral.The classified management system of forest cutting should be improved,the time limit of commercial Banks on the realization of collateral should be abolished,the cost of forest right mortgage should be reduced,the loan rate should be increased,and a perfect forest right trading market should be established.