集体林权抵押贷款的法律障碍及其消解——基于安徽省H县G村的研究

The Legal Obstacles of Collective Forest Right Mortgage Loan and its Resolution——Based on Research of G Village in H country,Anhui Province

在城镇化背景下应大力发展林权抵押贷款,但实践中林权抵押贷款工作开展不甚理想,主要原因是家庭承包的林权受法律限制不能抵押、林权承包期限过短及采伐制度导致的林权抵押实现困难等。在法律上确认家庭承包的林权可以抵押贷款、依法延长林权承包期限并完善林木采伐制度是推进集体林权抵押贷款工作的必然选择。

The forest right mortgage loan should be vigorously developed in the context of urbanization,but the work leaves much to be desired.The main reasons are as follows：firstly,forest rights under household contract restricted by law cannot be mortgaged;secondly,the collective forest tenure contract term is too short;finally,the forest right mortgage caused by logging system is hard to realize.Therefore,the inevitable choice to promote mortgage loan of collective forest right lies in extending the forest right contract period and improving forest logging system legally.