Legal Study of the Model of Financing Secured by the Right to Land Contractual Management
Zhang Zhi-ji
Abstract
Zhang Zhi-ji
Abstract
Besides the negotiability of the right to land contractual management,taking it as financing guarantee is also of great practical significance.Because the law does not lift the control over direct mortgage of the right to land contractual management,the three-tier model taking advantage of counter-guarantee design is a popular way.Financial institutions are not suitable for direct security rights holders;on this account,there is still a large room for improvement of the threetier model.Though the legal structure is complex,the pledge of beneficiary-right trust has its institutional advantage.In the future,separation of three powersof agricultural land may get implemented;the direct mortgage model is expected to get good use,on the basis of an improved mechanism for the disposal of mortgaged land.
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Besides the negotiability of the right to land contractual management,taking it as financing guarantee is also of great practical significance.Because the law does not lift the control over direct mortgage of the right to land contractual management,the three-tier model taking advantage of counter-guarantee design is a popular way.Financial institutions are not suitable for direct security rights holders;on this account,there is still a large room for improvement of the threetier model.Though the legal structure is complex,the pledge of beneficiary-right trust has its institutional advantage.In the future,separation of three powersof agricultural land may get implemented;the direct mortgage model is expected to get good use,on the basis of an improved mechanism for the disposal of mortgaged land.
Key concepts: Pledge, Beneficiary, Business, Control (management), Finance, Law, Economics, Management