Research On The Legal System Of Rural Land Management Right Mortgage Loan

In recent years,with the further implementation of the national policy on Rural Revitalization,the average income of farmers has been greatly improved.In order to make effective use of rural land and natural resources,the land management right mortgage loan system has been put on the agenda,and has achieved remarkable results in the national pilot scope.From the Third Plenary Session of the 18th CPC Central Committee in 2013 when the mortgage and security rights of land contractual management rights were first proposed,to the pilot areas authorized by the National People’s Congress in December 2015,the mortgage loan of land management rights has entered the implementation stage.With the overall leadership of the central government and the cooperation of governments at all levels,the pilot areas have achieved remarkable results.However,as a new type of land system,the mortgage system of land management right needs to be developed and improved in theory.Although the revision of the civil code specifies th e relevant legal provisions in detail,there are still some theoretical gaps to guide practice.On the other hand,due to the differences in the geographical location of economic development,it is not possible to make a unified planning for all regions.It is necessary to adjust measures to local conditions to make the mortgage system of land management right achieve the maximum economic and social benefits in all regions.This paper takes three typical pilot areas of land management right mortgage as samples(located in the middle,North and southwest of China respectively),draws lessons from the thinking mode of "raising problems,analyzing problems and solving problems",analyzes the trial results of three representative pilot systems,and summarizes the current research situation of land management right mortgage in China This paper points out the main problems existing in the practice of land management right mortgage loan system,and puts forward some suggestions and Countermeasures for these common problems.For the problem of inaccurate evaluation of land value,we propose to introduce a risk assessment system specifically for the mortgage loan system of land management right,which will help to solve the problem of inaccurate evaluation of land value in practice.In view of the risk problems in the process of land management right mortgage,we set up the mortgage risk assessment system,which can make financial institutions,government and farmers more intuitive to see the inherent risk of mortgage,and help multiple parties to choose.As for the problem that the land management right as collateral can not be disposed routinely,the disposal methods of collateral will be re screened,so that the re circulation of land management right can be realized on the basis of government intervention.At the same time,the national special fund of land management right mortgage system will be established to solve the problem of insufficient funds in the pilot work.The solution of these problems needs the dual support of theory and practice,and the problem center of each region is different.We need to weigh the advantages and disadvantages in various factors to realize the sustainable development of the land management right mortgage system.