土地承包经营权抵押融资的制度困境及克服

The Institutional Difficulties and overcoming of Land Contract Management Right Financing in China

对于农村集体土地融资抵押问题,理论界存在否定和肯定两种声音。集体土地抵押融资的探索在全国许多地方先后展开,但因现行法律持否定态度,存在流转困境、抵押困境、土地价值评估困境等问题。全面激活农村土地融资市场,就应当修改和完善农村集体土地抵押融资法律制度,从而有条件地允许农村土地承包经营权设立抵押,并建立起相应的评估、审核、保障和监管等必要的配套机制。

On the problem of rural collective land financing, there are two opposite voices in the theoretical circle. The exploration of collective land mortgage financing has been started in many districts in china. Because the current laws ban rural collective land financing, there are many difficulties existing such as land circulation, mortgage, land value evaluation and so on in practice. To activate the rural land financing market, we should revise and improve the legal system of rural collective land mortgage financing, permit rural land contract and management rights to be conditionally mortgaged and establish the necessary supporting mechanism which maybe include the corresponding evaluation, audit, security and supervision ect.