Research on the Legal Construction of Rural Collective Economic Organizations Mortgaging Rural Construction Land
The purpose of this study is to explore the legal construction of rural collective economic organizations mortgaging the right to use rural construction land that has not yet entered the market,to help alleviate their financing difficulties and enhance the driving force for rural industrial development.The research methods include normative analysis,literature review and value analysis.The result shows:1)there is no direct legal basis for rural collective economic organizations to mortgage the right to use rural construction land that has not yet entered the market,but it has legitimacy as analyzed from the point view of business management rights and security qualifications of rural collective economic organizations,and the relationship between the act of mortgaging and the provisions of the market entry.2)Based on the link between the types of mortgages and market entry,a consolidated mechanism for the creation of mortgages should be constructed.3)There are legal loopholes in the provisions in the realization manner of mortgages,and a balance should be realized between complying with the requirements for entry into the market and protecting the interests of mortgagees,to improve the institutional arrangements for the realization of mortgages.In conclusion,it is lawful for rural collective economic organization to mortgage the use right of rural construction land that has not yet entered the market,and a sound mechanism for the establishment and realization of the mortgage right should be established.
rural construction landmortgagelegitimacyrealization mechanism