Rural land contract management right mortgage system
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Household contract Other ways of contracting Rural land contract management right Mortgage|
Fairness and efficiency is a contradiction of the modern economy, the objective requirements of the different stages of economic development. From the stage of development of the rural land system in the first phase of the implementation of \welfare and social security function. In the second stage, the scale of operation stage, the implementation of the system efficiency, this time, the development of social productive forces so that people no longer see the land for end of life protection, the possession of the land and the mode of operation in order to pursue to maximize the benefits standard, the market mechanism as the primary means of allocation of land resources, land transfer and capital functions become increasingly apparent. The level of agricultural development in China, although the overall is not high, but in a small number of more economically developed areas, the rural industrial structure has changed dramatically, farmers can obtain greater profits from the non-agricultural industries, so not only does not depend on the land, but they do not want be bound by the land, resulting in the circulation and financing needs of rural land contract management right. Development of our society, the needs of farmers in the changes in the mortgage as an important means of financing, we should pay attention to the rural land contract management right to mortgage the subject of great significance. Especially in the household contract land contract and management rights of the mortgage, because our country is based on the household contract responsibility, integrates unified with separate two-tier management system, which is currently China's most important land contracting mode of operation, is farmers the greatest wealth. Mortgage of the land contract and management rights only give the land contract and management rights, rights, does not inevitably lead to the mortgage, land contract and management right will always be according to their own situation to make the best judgment in their favor. And risk through the design of the system as much as possible to reduce by a relatively complete system design, the mortgagee, even if they are to achieve the right to land contractual management, even if migrated, it will not necessarily caused a huge blow to the lives of farmers, farmers still retain the land of this basic life support means to a certain extent. Should therefore be to relax the range of rural land contract management right of the object of the mortgage, not to non-household contract for the necessary conditions for clear provisions to obtain household contract land contract management right to take out a mortgage in order to establish and improve the rural land contract management right mortgage system. Establish and improve the rural land contract management right mortgage system requires the design of the system of legislation and government policy support, as well as financial institutions, financial system innovation. The author believes that for the special features of the household contract land contract management right should be made to the system design are as follows: a household contract land mortgage system of the right to operate the implementation of the pilot and the sub-stage; 2. To protect the mortgage farmers survive interests measures : 1) set up a certain proportion of the household contract land contract and management rights to be secured, 2) can be a mortgage for a certain period of land contract and management rights, 3) land contract and management rights for secured loans, compulsory insurance, 4) mortgage farmers priority farming over the mortgaged land and buy back the right of priority, 5) the land value-added benefits; age limit of protection mortgagee rights measures: 1) the mortgage debt, 2) the rights of the mortgagor restrictions, 3) land contract and management rights shall be extinguished when the protection of the mortgagee, 4) The mortgagee is realized on the disposal of agricultural land to be mortgaged; 4. to comply with the relevant national laws and measures: 1) limit the mortgaged land for agricultural purposes, two ) to review the qualifications of the assignee of the agricultural land; respect the collective ownership of measures: 1) Family contracted land management right mortgage to get the consent of the Employer, and 2) the collective members of the economic organizations under the same conditions pre-emptive rights; 6. the mortgage of the land contract and management rights and land attachments mortgage. Legislation alone is not enough to improve the rural land contract management right mortgage system, the need for government support, to include the following: 1. Improve the registration and licensing system of rural land contract management right; 2. The establishment of the rural land valuation system; 3 and actively foster the transfer of rural land market; improve the rural social security system; improving the agricultural insurance, mortgage insurance, to create agricultural land. Difficult \professional land financial organizations and policy-oriented land and financial organizations. In a sense, the author of the study is only an extension of the pioneer of the four track, the text of each question, I have done a conscientious thinking, and carefully put forward their own views and opinions, view will inevitably be in front people the same. After months of painstaking efforts, inevitably suspected of a pile of literature, inappropriate, please teacher, the students shall be criticized correction.