Research On The Mortgage Of The Land-use Right To The Rural Land About Legal Issue

Under the background of the reform of the economic system to a deeper level,18 th plenary session,which hosted by the CPC Central Committee and the Communist Party of China in Beijing in November 2013,promulgated "Center Committee 1st Document",summing up our country’s rural land rights reform practice and the current agricultural production Development Demand Foundation.Center Committee 1st Document,which noted that the farmers should transfer the rural land contract management rights by subcontracting,renting,exchanging,transferring and share cooperation,and promoting the practice of rural pilot property right circulation in the form of state policy.Since then,the central government has put forward the reforming of the current land property right system to the "Three Rights Division",which arouses countless discussion in the field of theory and practice,and the research of mortgage financing has been in full swing.Scholars approve their own views and arguments from different angles,but have not yet formed a unified view of the issue.In order to improve the financing mode,expand the source of agricultural production,break through the financing predicament of agricultural production and operation,promote the development and transformationof agricultural production and management.At present,the practice of mortgage financing with the land contract management right as the target is being carried out in a nationwide trial with the impetus of national policy。 However,the research on the mortgage financing of the object of the land contract management is limited in the dispute of the advantage and disadvantage of the mortgage financing of the object of the land contract management right.How to choose the operation mode of mortgage financing,the construction and perfection of the legal system and supporting system of mortgage financing,while the practice of mortgage financing with the land contract management right as the standard is not necessary vigilance.Therefore,the author hopes to summarizes the performance and reasons of the current mortgage financing practice of the Land contract management right,after finishing and analyzing the local practice cases,and finally realizes its institutionalization through the normalization and perfection of the mortgage financing of the Land contract management rights,so that the financing system with unlimited potential can be truly implemented.This paper includes four chapter:Chapter one: The theory introduction of mortgage financing of land contract management right and the possibility analysis of its implementation.First,this paper starts from two directions of the relevant theory of contract management right and the related theory of financing mortgage,through expounding its concept,forming process and content,clarifying the value structure and reason that the mortgage financing of land contractual right can not be approved by law in our country onlythrough the policy implementation;Secondly,due to the conflict between legislation and practice,the feasibility of the implementation of mortgage financing from the theoretical basis and the actual basis of two aspects of the analysis,the feasibility of the current legal which and the implementation of the Land contract management rights of mortgage financing is how to sublimate the practice,to achieve its institutionalization.Chapter two: The author of the Agricultural Land property Rights mortgage Financing of the relevant laws and regulations of the gradual change in the current pilot area of financing mortgage practice cases,through the analysis of the financial mortgage law and the gradual change of policy under the background of rural land property right reform in our country,this paper clarifies the complicated background of the practice of financing mortgage in the pilot area.Furthermore,the author also chooses the relatively familiar case to study the specific operation mode of financing mortgage practice in the pilot area.Chapter three: The author discusses the direction deviation of the practice of the financing mortgage of the land contract management right in the pilot area on the basis of the practice case study in the pilot area,the deviation from the choice of practice mode,the deviation of the government orientation and the deviation of policy protection from the legal protection.It provides relevant conditions for the normalization and perfection of the financing mortgage and the institutionalization of the mortgage financing of the contractual management right.Chapter four: How to realize the right of mortgage financing of land contract management under the condition of legal principle,law prohibition and practice first from four aspects,including the law prohibited by the open,the perfection of the basic system,the orientation of local government and the formation of the supporting system are expounded,and then realize its institutionalization,and let this kind of financing form fall into effect.