农村土地承包经营权抵押制度研究

Research on Mortgage System of Rural Land Contract Operation Rights

农村土地以承包经营的形式,赋予了农民在一定范围内使用和经营土地的自主权,但现行的农村土地立法制度和土地的传统功能不允许一般的农村土地使用权自由抵押,土地失去了其作为生产资料的经济价值。探讨了永佃权改造我国的农村土地承包经营权的问题。

The rural land formed with contract operation has given a peasant land decision-making right of usage and managing in certain range, which has moved peasant＇s enthusiasm and creativeness to a certain extent and developed the productivity of the country. Because the general rural land-use right shall be not admitted to mortgage freely by the currently, rural land legislation and the land tradition function, land has lost its economic value as the capital goods. Reforming rights of contract for management of ru- ral land through using as a source of emphyteusis, it makes the right of mortgage clear and definite, operating smoothly in order to bring the land financing and play many management of scale functions.