论农村土地承包经营权抵押

Mortgage on Ownership of Contracted Farming Land

土地承包经营权抵押实质上是农村土地的社会保障功能与融资功能能否有机结合的问题。现行的金融担保体制使得土地承包经营权的抵押存在法律风险、信贷风险以及土地承包经营权难处置等诸多困境。应完善现行立法和土地价值评估制度,将农村的金融担保与农民享有的土地权利相结合,构建以土地承包经营权为中心的土地金融合作制度。

The substance of the mortgage on the ownership of the contracted farming land involves whether the social security function can be integrated with financing function.The finance guarantee system in force causes many predicaments such as legal risk,credit risks,difficulties in disposition of farming land contract and so on in the mortgage on the ownership of the contracted farming land,it is need to perfect current land legislation and land value evaluation system,combine rural finance guarantee with the peasant＇s property in land and take the ownership of the contracted farming land as center to constitute rural cooperative financial system.