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The Study on the Right to Mortgage on the Collective Construction Land in China Rural Areas

Author: LiLinLin
Tutor: LiuXinWen
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Collective construction land use rights Mortgage Malady System Construction Law Reform
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 81
Quote: 0
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Abstract


Collective construction land use right mortgage is relatively rapid development in recent years, the practice of the phenomenon. Although the legal level, there are still many restrictions and obstacles, but the practice of collective construction land use right mortgage phenomenon has been very common in many parts of the legislation and regulations have emerged, the problem with more and more controversial practice The requirements of the development must be given proper guidance in theory, the legislation must be reasonable adjustments early. Based on actual practice development through historical analysis, empirical analysis, comparative analysis method, this issue recommendations proposed some modifications to the legal system is perfect. The article first introduces the history of the mortgage system of collective construction land use rights in China and its development status, subject to undue and excessive restrictions, this limitation makes collective construction land use right mortgage system to generate a lot of ills . Much diminished the effectiveness of the system of law is imperfect, can be secured by the subject of a narrow range far unable to meet the collective needs of economic development, ownership main virtual destruction of collective construction land use right mortgage finance functions as well as land registration system is imperfect block aspects of the efficiency of collective construction land use right mortgage. Then from the point of view of the history of the development of national legislation and policy, as well as the existing legal system background analysis of the causes of these ills, and pointed out that the root of the problem lies in the industrialization process of the urban-rural dual economic structure has long been practiced and the resulting city priority development strategy. In addition, the interests of the game between the relevant subjects, collective construction land use rights and the interests of the farmers did not get a reasonable maintenance, to some extent, also repressed collective construction land use right mortgage institution building. Collective construction land use right mortgage system more onerous restrictions and consequences is to block China's agriculture, rural areas and farmers' economic, cultural development, but also affect the development of the entire national economic construction. The new development of this paper at this stage of the relevant law, the practical situation and the policy level of the pilot areas, and try to build a specific system of collective construction land use right mortgage. On several key issues, including collective construction land use right mortgage registration, mortgage assessment problems, defuse secured by the realization of the right to collective construction land use right to dispose of the risk as well as the comprehensive legal reform is expected to do a more in-depth Analysis.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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