村镇银行的担保法思考

Guarantee Law for Village Banks

村镇银行目前发展迅速,然而担保问题成为其发展的瓶颈。研究表明:创新担保法律制度是解决信用担保发展严重滞后的关键。具体来说,允许土地承包经营权有条件地抵押,进一步完善农户联保贷款,同时发展面向农户和中小企业的信用担保机构,跳出物权法的担保思路,运用公私融合的经济法理念,才能重构村镇银行担保法律制度,使村镇银行得以健康发展。

Currently, village banks are developing at high pace. However, the issue of security has become the bottleneck for their growth. Research shows that the innovation in the legal system concerning guarantee is the key to resolving the backward credit guarantee. In other words, the legal system for guarantee in village banks can be reconstructed through the conditional use of land contracted management rights as the guarantee, improvement of the joint guarantee for farmers, development of credit guarantee organizations for farmers and small and medium-sized enterprises, and getting out of the traditional practice of guarantee with property right to adopt the economic law theory that combines the use of both public and private means.