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Investigation and Thinking on the Development of Shigu Tourism Umbrella Industry
I. Overview of the development of tourism umbrella industry in Shigu Town
(1) The overall situation of the development of tourism umbrella industry in Shigu Town
1. Layout of tourism umbrella industry in Shigu Town. There are four tourist umbrella factories 14 and more than 40 accessory factories in the town, forming a complete umbrella-making industrial chain. * * * attracts more than 20 million employees, with an annual output of 5 million umbrellas, accounting for one-third of the national craft umbrella market share, with an annual output value of nearly 20 million yuan, a profit of more than 3 million yuan, and a new labor income of more than 4 million yuan.
2. The characteristics of making tourist umbrellas in Shigu Town. There are many kinds of Shigu tourist umbrellas. According to the choice of fabric, there are four series: silk, cloth, paper and velvet. According to the size of the umbrella, there are 8 specifications: 15 cm ~ 600 cm (umbrella surface diameter). According to the use of umbrellas, there are three series: decorative umbrellas, tourist umbrellas and craft umbrellas. There are 10 painted faces, totaling more than 500 varieties.
Unlike umbrellas made with running water, stone drum umbrellas are all made by hand. An umbrella takes five days to complete, and it has to go through more than 80 processes, such as soaking, boiling medicinal water, scraping, splitting bones, making umbrella poles, making umbrella wheels, dividing edges, threading, pasting umbrellas, punching holes, drawing flowers, collecting umbrellas, and quality inspection. Most processes need to be carefully completed by skilled workers, and a few are completed by assembly line.
3. Market positioning of tourism umbrella industry in Shigu Town. 20 1 1-20 15 From the perspective of market sales, with the change of umbrella function, the market positioning of Shigu tourist umbrella mainly tends to large and medium-sized cities and scenic spots in developed countries and regions. The main consumer groups are located in middle and high income groups. Shigu tourist umbrellas are sold to Beijing, Hangzhou, Fujian, Guilin, Nanyue and other places, and exported to the United States, Japan, Malaysia, Xinjiapo, Italy, Taiwan Province Province and other countries and regions. Products are in short supply, accounting for 90% of the total output, and people come to sign product orders in an endless stream. After 20 15, affected by the financial crisis, the export market of Shigu tourist umbrella has shrunk seriously. The town's tourism umbrella industry association changed its sales strategy, focused on the increasingly prosperous domestic tourism market, and resolved the negative impact of the financial crisis by stimulating domestic demand.
(B) the development advantages of Shigu tourism umbrella industry
The stone drum umbrella industry has survived for more than 600 years, which shows that it has strong industrial vitality. This vitality is determined by its rich product connotation and specific market demand.
1. Broad market space. In the early stage of the development of the umbrella industry, umbrellas, as indispensable daily necessities, provided a broad market space for the umbrella industry. The diversification of product uses and the integration of global economy have rapidly expanded the geographical space and consumer groups of the umbrella market, and accelerated the pace of Shigu umbrellas going out of Hunan and going abroad.
2. The supply of raw materials is convenient. Tourism umbrella industry is a typical labor-intensive industry. More than 80 processes are all hand-made, with fine division of labor and high degree of specialization. Based on the current output of Shigu, more than 2,000 rural laborers can be transferred locally, and the annual labor income is more than 3 million yuan. The main raw materials for making umbrellas are bamboo, miscellaneous wood and tung oil, which can promote the development of related industries in rural areas. Therefore, the countryside provides fertile soil for the development of umbrella industry.
3. A solid foundation for development. More than 80 processes in the process of making umbrellas require skilled manual skills. The development history of the stone drum umbrella industry for more than 600 years has nurtured generations of umbrella technicians and management and marketing talents. This is the most valuable human resource in the stone drum umbrella industry, which has consolidated the foundation of industrial development and effectively avoided homogenization competition.
4. The times are rich in connotation. Organic grafting of traditional technology and fashion consumption concept, organic integration of natural resources, human resources and market resources, and organic linkage of industrialization, urbanization and agricultural industrialization. Green, low-carbon, environmental protection and other characteristics in line with the development direction of the times have given the Shigu umbrella industry the connotation of "traditional characteristics" in the industrial era, and the industrial development "memory" is rich.
5. The industrial advantages are obvious. The industrial characteristics of pure hand-made make the umbrella industry have low requirements for venues, equipment and funds, and it is suitable for the production and operation organization form of decentralized production, assembly line and unified sales, which is a development advantage that other manufacturing industries do not have.
Second, the main factors restricting the development of tourism umbrella industry in Shigu Town
Stone drum umbrella industry has a long history, rich resources, solid foundation and considerable demand, and its products have distinct competitive advantages and broad development prospects. However, the development history of Shigu umbrella industry determines that the industry has a strong traditional color, and the awareness of small-scale peasant economy is stronger than that of market economy. To realize the complete connection between traditional industries and market economy, there are still many difficulties and problems to be solved urgently in Shigu Umbrella Industry:
1. Not enough attention is paid to the tourism umbrella industry, the guidance is not in place, and the support is not strong.
In terms of development concept, as a large agricultural county, it pays attention to attracting investment and exploring the road of strengthening the county by industry, but ignores the exploration and growth of traditional characteristic industries. There are three key industries in Shigu Town: Camellia oleifera industry, stone industry and tourism umbrella industry. Among them, the stone industry is a 20 16 investment attraction project, and it is positioned as a pillar industry in Shigu Town. In order to make it profitable as soon as possible, governments at all levels have issued a series of support and incentive policies. As a traditional characteristic industry of Shigu, the tourism umbrella industry was established under the guidance of the government. However, due to the lack of guidance and management, the tourist umbrella enterprises in this town are still in a fragmented state. Due to the lack of policy and financial support, Shigu Arts and Crafts Company, the largest leading tourist umbrella enterprise in Shigu Town, has changed its name to Zhuyuan Umbrella Industry, and has returned from a large-scale production enterprise to a family workshop production model, showing a "retrogression" phenomenon.
2. Weak independent innovation ability, lack of independent brands and weak overall competitiveness.
Shigu tourism umbrella industry is a new industry developed on the basis of traditional technology and modern fashion consumption concept. At present, Shigu tourism umbrella industry is mainly exported, and its business model is to produce according to the samples provided by merchants. Only a few customers require enterprises to design and produce their own products, and most production forms are that customers limit product specifications, materials and quantities, and enterprises organize production according to customer needs. As a result, the brand awareness of Shigu tourism umbrella industry enterprises is not strong, and they are imitative of new processes and technologies, but they lack the ability of independent design, let alone product development. In addition, among the four tourist umbrella factories in Shigu Town/Kloc-0, only 1 bamboo umbrella factory is truly registered, and the other 13 umbrella factories and related supporting processing points do not have formal legal person qualification. All the tourist umbrellas produced in this town are branded. After using the stone drum umbrella, millions of consumers in Qian Qian don't know who made it. Shigu people don't even know what brand their umbrellas are labeled and where to sell them. On the stage of market economy, the umbrella maker of Shigu has become an out-and-out "stuntman", and the brand effect is out of the question. The consequence of not having your own brand is that profits are infinitely compressed, and making an umbrella can only earn a few cents.
3. Extensive growth features are obvious, and resource and environmental constraints are intensified.
The tourism umbrella industry in Shigu Town is a labor-intensive industry. The town 14 umbrella factory generally has some limitations, such as small production scale, outdated equipment, backward technology, low level of technical equipment and increased dependence on resources. At the same time, the management technology and energy-saving technology of many tourist umbrella enterprises are not high, and the concept of energy-saving is lacking, resulting in serious waste of resources. In recent years, due to the prosperity and development of tourism umbrella industry, the demand for raw materials is increasing. The main raw materials for making umbrellas, such as bamboo, miscellaneous wood and tung oil, have been unable to fully meet the demand in Shigu Town. The inconvenience of traffic location and the bad road traffic conditions have aggravated the increasing cost of making tourist umbrellas, and the pressure of resources and environment has restricted the development and growth of Shigu tourist umbrella industry.
4. Product convergence is serious, and low-level competition occurs from time to time.
Spatial agglomeration is a common phenomenon in both high-tech and traditional industries. There are 14 tourist umbrella factories in Shigu town, with similar raw materials and manufacturing processes. 1 can produce products, and other 13 can also produce products with the same technical content. Product convergence has seriously led to fierce market competition. Malicious price reduction competition occurs from time to time in the industry, and product prices fall instead of rising, resulting in high labor intensity, low wages, brain drain of skilled personnel and so on. Although the tourism umbrella industry association was established, it failed to really promote the coordinated development of the whole town 14 tourist factories. Umbrella factories in the town block each other's information such as technology and market, and even poach from time to time, which seriously hinders the development and growth of the tourism umbrella industry.
Third, countermeasures to solve the bottleneck of Shigu tourism umbrella industry development
As the birthplace of Hunan umbrella industry, Shigu tourist umbrella bid farewell to the traditional manual workshop production mode, adopted local assembly line operation, built a perfect industrial chain, and the tourist umbrella industry gradually developed and expanded. However, the industrial chain is not mature enough, umbrella-making enterprises are scattered, the scale of enterprises is generally small, the development potential is not big enough, the product level is low, and there is no own brand, which makes the overall competitiveness of umbrella-making industry in this town not strong enough, and most of the profits are earned by brand manufacturers. How to effectively solve the bottleneck of the development of tourism umbrella industry, realize the industrial development goal, promote the rapid development of urban economy and increase farmers' income and get rich has become an urgent problem for us at present.
1. The government attaches great importance to scientific planning and guidance.
Party committees and governments should attach great importance to and dialectically treat the relationship between attracting investment and making traditional industries bigger and stronger. According to the actual situation of Shigu tourism umbrella industry, governments at all levels and relevant functional departments should make targeted and scientific short-,medium-and long-term plans for the tourism umbrella industry, take the planning as the guide, give full play to the role of standardization and guidance, fully tap the role of tourism umbrella industry associations, make use of resource advantages and industrial base, do everything possible to extend the industrial chain, and strive to create the most dynamic industries with traditional characteristics.
2. Strengthen independent innovation and strive to build local brands.
Thoroughly change the production mode of processing points in the past, standardize the registration of Shigu tourism umbrella enterprises and trademarks, and form the independent brand of local tourism umbrella industry. With the umbrella industry association as the platform, actively guide and encourage umbrella enterprises to increase investment in technological transformation and innovation. Through the establishment of scientific research funds, we will vigorously support umbrella enterprises to develop new products and materials, and launch new products, patented products and high-end products from the aspects of function, modeling and practicality to seize the domestic and foreign markets. Through market-oriented operations such as product packaging, printing exquisite product manuals, actively participating in international and domestic product fairs, establishing professional websites, publishing product advertisements, and establishing product responsibility mechanisms, we can establish product image and improve product visibility. At the same time, actively introduce high-tech to transform the production technology and technology of the traditional tourism umbrella industry, improve the production efficiency of the industry, realize the localization of the production facilities of Shigu tourism umbrella industry, and make Shigu tourism umbrella industry form a whole set of industrial chains such as raw material production, spare parts production, umbrella skeleton composition and finished umbrella production as soon as possible. The government, relevant functional departments and tourism umbrella industry associations set up an exchange platform, organized tourism umbrella enterprises, invited relevant functional departments and industry associations to participate, held an industry situation analysis meeting every six months, highlighted brand building and quality management, and formed a long-term mechanism for information exchange.
3. Change the development concept and build an intensive ecological development model.
Affected by resource and environmental factors, there are more and more restrictive factors for the development of Shigu tourism umbrella industry, and the extensive development model in the past is unsustainable. In order to develop, enterprises must change to the green, low-carbon, energy-saving and environment-friendly intensive ecological model, focus on solving the contradiction between economic growth and resources and environment, transform traditional processes and equipment, start with raw materials and production links, improve the utilization rate of raw materials, and increase the research on domestic and foreign markets. Further improve product quality and brand, introduce more environmentally-friendly new products with market prospects, pay attention to humanized management, introduce new production equipment, improve resource utilization, reduce labor intensity, further improve working environment, and let enterprises keep advancing on the road of science and technology and humanization. To take the road of green, low-carbon, environmental protection and energy-saving enterprise development, the most important thing is to change the concept of tourism umbrella business owners and related employees, and adopt exchanges and training to instill the concept of environmental protection, consumption reduction and energy conservation. The Tourism Umbrella Industry Association will organize the member enterprises of the association to go out for inspection activities, pay attention to learning from the experience of government supporting local characteristic economy, industry associations serving member enterprises, tourism umbrella industry enterprise development and construction, circular economy, etc., and hire experts to make the tourism umbrella industry develop healthily.
Investigation report on the present situation analysis and treatment of urban noise pollution in XX county
In recent years, with the rapid development of economy, the acceleration of urbanization and the continuous expansion of city scale in XX County, the connotation of the city has become increasingly rich. However, noise, as a new kind of environmental pollution, has become increasingly prominent, affecting the normal life and health of citizens, becoming a hot spot and focus problem reflected by citizens, and attracting great attention and concern from the government and all walks of life. Therefore, the prevention and control of noise pollution in our county is reported as follows.
I. Main practices and results
Our county has formed a joint law enforcement group to crack down on commercial noise pollution in urban areas. This action has formed a long-term mechanism. The county environmental protection bureau and the special police brigade of the county public security bureau form a joint group to carry out noise control work regularly or irregularly, and normalize the commercial noise in urban areas (especially pedestrian streets) through the following aspects: First, issue the Notice to urban enterprises one by one and let the owners sign for it, telling the owners to prohibit the use of high-noise equipment such as loudspeakers, and popularize relevant knowledge such as commercial noise pollution for the owners; Second, through street patrols, if shops with commercial noise are found, law enforcement officers will immediately monitor the noise points, confiscate the noise equipment of shops with excessive noise and hand it over to the police station in the jurisdiction for handling; The third is to strengthen the control of the hawking sound of mobile stalls. The mobile stalls with noise pollution, once found, shall be ordered to immediately shut down the noise equipment; Fourthly, our county is adjusting the noise function zoning, and this work is being carried out in an orderly manner. Through the vigorous rectification of commercial noise, the pollution of commercial noise has been fundamentally eliminated, and residents have a quiet and comfortable living environment, creating a good social image for our county.
Second, the existing problems of noise pollution prevention and control
Noise pollution has always been a hot and difficult issue in urban management and the focus of public complaints. However, in the face of the severe noise pollution situation, the prevention and control work is still insufficient. Mainly:
(A) the noise pollution management system is not smooth. At present, the main implementers of noise pollution management in our county are environmental protection, urban management, public security and other departments. Among them, the environmental protection department has professional testing equipment, but its law enforcement ability is weak, so it is not the main body of law enforcement of urban traffic noise and social life noise, while the urban management and public security departments have law enforcement authority, but there are no professional testing equipment and professionals, and they lack law enforcement ability. The contradiction between law enforcement authority and law enforcement ability is more prominent, and the management effect is not ideal.
(b) Noise pollution enforcement is restricted. First, it is difficult to define. The main reason is that it is difficult to determine the evidence of noise in law. At present, the definition of "noise pollution" in China is the concept of "single+exceeding the standard+disturbing people", that is, a single sound source exceeds the national standard and affects the public. The reality is that most of the noise pollution belongs to a single sound source that meets the emission standards, but the superposition of multiple sound sources exceeds the standard, so it is obviously impossible to punish all the subjects of a single sound source in general. Second, it is difficult to obtain evidence. Noise is a fleeting sensory pollution, and it is difficult to leave evidence as punishment. If professional equipment is not used for testing, even if the noise exceeds the legal decibel, the noise producer will deny it, and it is difficult for law enforcement personnel to draw a conclusion according to law. Third, it is difficult to deal with. Although the state promulgated the Law on the Prevention and Control of Noise Pollution as early as 1996, it stipulates that "if a motor vehicle does not use audio equipment in accordance with the regulations, if it uses a tweeter in an area where noise-sensitive buildings are concentrated in urban areas, if it violates the regulations of the public security organs, it organizes entertainment, assembly and other activities in public places such as streets, squares and parks in urban areas, and uses audio equipment, resulting in excessive volume and disturbing the surrounding living environment, the public security organs will give it a warning. However, due to the lack of specific implementation rules, some malicious and long-term noise behaviors lack administrative enforcement means such as banning, sealing up and shutting down, and the noise law enforcement force is not enough, and the law enforcement effect is not ideal. At present, the law enforcement measures are mainly oral persuasion, and the noise pollution caused by the flow is only temporarily suspended at most.
(3) Noise pollution is closely related to urban planning. Due to historical reasons, the urban planning of our county is relatively backward, and the subdivision of urban functions is not perfect, which leads to the contradiction between urban residence and business. Most residential buildings belong to the mixed mode of restaurants on the first floor, clothing stores on the second and third floors, entertainment places and commercial buildings on the fourth floor and above, which objectively forms the reality that the noise at the bottom affects the normal rest of residents and increases the difficulty of noise pollution prevention and control.
Three. Countermeasures and suggestions
(1) Raise awareness of noise pollution prevention. Preventing noise pollution is the need to promote the development of urban civilization. A civilized city is a city that lives and works in peace and contentment, and it is a quiet and peaceful city. To strive for a civilized city, we must vigorously carry out noise pollution prevention and control to reduce urban noise. A quiet and silent environment is the inherent requirement of a livable city and a happy city. In order to eliminate "noise and hubbub" in cities, it is necessary to prevent and control noise pollution. Third, the prevention and control of noise pollution is the need to implement laws and regulations. In-depth prevention and control of noise pollution will help strengthen the awareness of noise pollution law enforcement of relevant departments and personnel, further intensify the crackdown on violations of the law on the prevention and control of environmental noise pollution, and safeguard the vital interests of the public. Finally, the prevention and control of noise pollution is the need to respond to public complaints. It is an important duty of the government to adhere to the people-oriented principle and solve the reasonable demands of the general public in time. The prevention and control of noise pollution will change the problem of noise disturbing people from point to surface, from palliative to permanent cure, and from phenomenon to essence, which will surely win the greatest support of all citizens. Therefore, it is necessary to make full use of radio, newspapers, television, internet, community bulletin boards and other positions and media, popularize the knowledge of the harm and prevention of noise pollution to human body, publicize the significance of noise prevention and control work and relevant laws, regulations and policies, further improve the public's awareness of noise pollution prevention and control, and strive to create a good atmosphere of national participation, national supervision and joint prevention and control of noise pollution.
(2) Strict environmental protection examination and approval of noise pollution. In accordance with the relevant laws and procedures of EIA, the acoustic environment assessment of investment projects should be strictly carried out, and the project approval should be strictly closed to prevent noise from disturbing the people from the source. Commercial pavements in commercial and residential buildings are prohibited from engaging in industries that produce noise pollution. Strictly implement the "three simultaneities" system that environmental noise pollution prevention facilities are designed, constructed and put into use simultaneously with the main project. Projects with backward technology, outdated equipment and imperfect noise facilities will be resolutely rejected, and projects that fail to pass the noise emission acceptance will be banned. The cultural and industrial and commercial departments shall not issue cultural business licenses and business licenses to newly-built commercial cultural and entertainment places that do not meet the environmental noise emission standards. Acceptance of noise control facilities, without the consent of the main regulatory authorities, shall not be removed, idle or changed, to prevent the vicious circle of new noise pollution sources while controlling.
(3) Optimize noise pollution prevention and control measures. Macroscopically, noise reduction should be incorporated into urban planning. When making the overall urban planning, we should give full consideration to the impact of acoustic environment in different areas of the city, rationally plan urban functional areas, delimit or adjust acoustic environmental functional areas, and improve the noise compliance rate in different periods. Microscopically, different noise reduction measures should be taken for different types of noise. One is traffic noise. Strengthen the planning and management of new road construction, rationally plan the protection distance between roads and buildings and the land use function on both sides of roads, and improve the sound insulation performance of roads and buildings. Strengthen the greening work on both sides of roads and roadsides, set up green belts scientifically and rationally, and choose tree species with good sound absorption effect to prevent and absorb noise. When conditions permit, the new pavement should be paved with asphalt as much as possible to reduce the friction noise between the car and the pavement. Before selling the house, the developer must announce the sound environment and sound insulation of the area where the building is located as recognized by the relevant departments. Strengthen motor vehicle noise emission control and traffic organization and management, reasonably define the driving sections or time of heavy and large freight vehicles, implement measures such as speed limit and restriction, and explore the implementation of the city's ban. The second is industrial noise. In strict accordance with the urban environmental noise function zone, the environmental noise at the boundary of various enterprises is managed, and all the noise at the boundary of various enterprises in the urban built-up area is discharged up to the standard. For other units with fixed boundaries in the urban built-up area, the boundary noise must also meet the emission standard of the boundary noise standard of industrial enterprises in the corresponding environmental noise functional area. The third is the noise of social life. Combined with the construction of "perfect community", community owners' committees, residents' committees and property management personnel are encouraged to cooperate with relevant functional departments to strengthen the management of mass cultural and sports activities such as decoration, dance and fitness for residents in residential areas and public leisure squares, so as to effectively reduce the noise impact of social life. We will intensify efforts to rectify the noise nuisance caused by commercial, catering, entertainment and mobile vendors, and strictly control the phenomenon of commercial noise nuisance in noise-sensitive areas such as hospitals, schools and residential quarters. Fourth, construction noise. Strictly manage the construction site, guide the construction unit to use low-noise equipment, further standardize the procedures and conditions for issuing night construction permits, strictly control night construction, and increase the investigation and punishment of illegal construction without a license at night. Under the condition of ensuring the progress of municipal key projects, the night construction in the built-up area will be strictly controlled.
2065438+May 28, 2008
Expert argumentation report on the case of Huayan Sub-branch of commercial bank v. He and Naboyu's general loan contract dispute retrial.
On the afternoon of September 8, 2008, our college organized professors Cui, Guibin Jin, Lv Zhe, Tang, Dong Xiaonan and legal experts from Hebei Polytechnic University, North China Coal Medical College, Tangshan College, Tangshan Normal College and other units to discuss the case of the dispute over the general loan contract between Huayan Sub-branch of the commercial bank v. He and Naboyu. After listening to the facts of the case and relevant evidence, the experts expressed their personal opinions.
Jin Guibin (Associate Professor of Tangshan Normal University): I think the mortgage contract in this case is valid. The reason is: 1, China's General Principles of Civil Law, Guarantee Law, Judicial Interpretation and Property Law clearly stipulate that the illegal subject matter shall not be mortgaged. In this case, the mortgagor owns the mortgaged property-house, so the mortgaged subject matter is legal; 2. Premises should be integrated, that is, the subject of house ownership and land use right is consistent. In China, the separation of land ownership and land use right and the separate registration system of housing and land use right show that housing ownership and land use right can be separated; 3. Mortgage is the right to realize the value of collateral, and multiple mortgages can be set on one thing. To sum up, the mortgage contract in this case is valid. As for whether this case constitutes a public welfare undertaking, I personally think that from the evidence of this case, it does not belong to the public welfare undertaking mentioned in the Guarantee Law.
Lv Zhe (Associate Professor, North China Coal Medical College): I agree with Professor Jin. The mortgage contract is valid. China's Private Education Promotion Law and related laws and regulations have strict provisions on private education, which should not be regarded as a public welfare undertaking for the purpose of construction only. Strictly speaking, it should be approved and registered by the relevant administrative departments. Even if the mortgage contract is invalid, the mortgagor shall bear the responsibility.
Zhao Shuwen (Lecturer, Tangshan College): The mortgage contract is valid. Article 36 of the Guarantee Law stipulates that the purpose of legislation is to protect the interests of the mortgagee and set obligations for the mortgagor, so as to avoid disputes when the mortgage is realized. This can be understood from the newly implemented property law.
Hong Runjie (Assistant Professor, North China Coal Medical College): 1. The house mortgage is valid. If the land is not registered for mortgage, the mortgage contract can be improved by completing the relevant procedures. In this case, the land use right is allocated and the mortgagor has no right to dispose of it. 2. In this case, public welfare undertakings cannot be recognized for the simple reason that there is no evidence to prove whether kindergartens have been established.
Cui (Professor, North China Coal Medical College): The mortgage contract is valid. Just because the house and the land use right are not registered at the same time, the mortgage contract is invalid. The reason is that land use rights and house ownership can be separated, and mortgages can also be separated, and multiple mortgages can be set on one thing. In addition, the land use right occupied by the house does not belong to the mortgagor, that is, it has no right to dispose of it.
Chen Huijuan (Lecturer, Tangshan Teachers College): The mortgage contract is valid; There is no evidence to prove whether the kindergarten is run or not, nor is it a public welfare undertaking.
Li Qingguo (Dean and Associate Professor, School of Law, Hebei Polytechnic University): The mortgage contract is valid. 1. There is insufficient evidence to start a kindergarten in this case; 2. A contract that violates national laws is invalid. In this case, the mortgagor owns the house, so the mortgage is effective. 3. The land mortgage is invalid. Because the land in this case is allocated, the mortgagor has no right to control it and has not gone through the relevant formalities according to law. Banks should bear the main responsibility for the invalidity of land mortgage. Because banks use standard contracts, they have strict review obligations.
To sum up, the opinions of most experts are: 1. The mortgage contract in this case is valid. Real estate and land use rights can be mortgaged (divided) separately. 2. The so-called "kindergarten" in this case cannot constitute a public welfare undertaking.
In addition, a few experts believe that the mortgage contract is valid for housing mortgage and invalid for land mortgage, and the bank should bear the main responsibility for its mistakes.
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