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Legal Thinking on land revenue right hypothecation way

Author: PingPing
Tutor: ZuoYiMei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: The right to land revenue Land revenue pledge The right quality Legal Property Improvement of legislation
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 197
Quote: 0
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Abstract

Land revenue pledge is a way of security in recent years, has just appeared in people's field of vision, the theoretical basis and practical operation, there is no clear legal norms are defined from the beginning in theoretical circles its legitimacy caused controversy. The land usufruct pledged to obtain financial support is mainly focused on land development and large-scale infrastructure investment and construction of the two areas. Especially in recent years, with the rapid development of the real estate and financial crisis in 2008, governments at all levels to respond to large-scale infrastructure investment taken by the crisis, the right to land revenue pledge of this by way of security is more and more attention, a lot of projects proposed or adopted the controversy caused by also getting worse and worse. The land revenue right hypothecation mortgage land use rights as collateral, are based on this particular property of the land by way of security, its purpose is to promote the intermediation of funds, to protect the realization of the debt. I pledge the form of a guarantee from the land revenue rights to start in practical use, its survival of the land tenure system and the legal issues involved are briefly discussed, and the way of security involving theoretical arguments and legal problems were analyzed. Set forth in the text of the land revenue pledge and mortgage of land use rights both by way of security relations and Application division, the next stage legislative some suggestions, hoping to improve the system slightly to make modest. This paper consists of three parts of the introduction, body and conclusion. The introductory part of the thesis writing background, research direction, research methods, the purpose of writing. The text is divided into four parts, the specific structure as follows: Chapter Overview pledged by way of security for land usufruct. This chapter first introduces the use of land revenue pledge by way of security in practice, including its background, mode of operation and the presence of risk. Followed by a brief discussion on the survival of this way of security of land tenure systems and legal issues involved in the way of security, to lay the foundation for further analysis demonstrated later. The second chapter is pledged by way of security on land usufruct theory. The author in this chapter briefly describes pledged by way of security on land usufruct two points of view: that the land revenue right hypothecation \I resolve these two views of the focus of controversy, and put forward their own views on the legality of the land revenue right hypothecation. I believe that the existing legislation does not the pledge clearly defined rights to land revenue, but its legitimacy should be recognized. The third chapter The land usufruct pledge by way of security and land use rights secured by way of security Comparative Study. I detailed analysis of the similarities and differences on the basis of the guarantee in two ways, illustrates both the applicable progressive complementary relationship and both the applicable conditions and scope defined. Chapter Thinking About the land usufruct pledged by way of security legislation. The author of our national practice, land revenue pledge guarantee legislative gaps and put forward three legislative proposals. Hoping to clear land revenue pledge legitimacy and basic questions, and gradually improve our guarantee legal system, especially the right to pledge the legal system. In conclusion, the author for their point of view in the article summary.

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