土地经营权抵押解决贷款问题运行机制探析——宁夏同心县土地抵押协会调查

The Analysis on the Mechanism of Mortgage of Land Contract Right for Loans:The Investigation on the Land Contract Right Mortgage Cooperative Organization in Tongxin County of Ningxia Hui Autonomous Region

文章认为土地抵押协会是有效解决农民贷款难问题的创举。土地经营权抵押是土地经营权流转的形式之一,其实质是"抵押+保证+信用"贷款。农户通过土地抵押获取贷款,并未改变土地承包权,也不会因土地经营权抵押而"失去"土地,土地经营权抵押经验值得推广。文章进一步建议法律法规要区分土地承包经营权、承包权和经营权,允许土地经营权抵押;完善配套制度,规范土地经营权抵押贷款办法。并且,政府可以以发展土地经营权抵押协会为切入点,推进农村信用建设。

This paper considers that the Land Contract Right mortgage cooperative organization was the pioneering and effective method to resolve the problem of peasant household＇s loan demand, the Land Contract Right mortgage is one of the methods of the transaction of Land Contract Right in China, its essence is the mortgage loan combine with guarantee and credibility loan. The Land Contract Right mortgage willnot be undermined peasant household＇s Land Contract Right, and quite apart from losting it. The practices of the Land Contract Right mortgage deserves to be popularized. This paper advised the laws and regulations should be modified and differentiated the Land Contract Right and Management Right, permited and regulated the practice of Land Management Right Mortgage. Furthermore, the government should promote the rural credit system construction through the development of the Land Contract Right mortgage cooperative organization.