论文部分内容阅读
稳妥推进农地经营权抵押贷款是实现金融支持现代农业发展的有效途径。中央有要求、地方有实践,多地形成了适宜当地农情、民情并在短期内“合意”政府目标的地方模式。尽管试点取得一定成效,但现有研究对农地经营权抵押贷款在制度理论、法律法规及实践操作层面尚缺乏充分和较有代表性的论证。基于此,本文围绕上述三个层面对农地经营权抵押贷款问题进行了探讨。得到如此结论:农地所有权、承包权权利主体与经营权权利主体之间是互为监督和被监督的权利关系,第三方经营者对流转农地处分权需征得集体经济组织和承包方同意,而农地经营权实质是第三方经营者和承包方通过租赁合同以农地使用为主要标的物的一种债务债权关系;现阶段农地经营权作为抵押权的客体,须有法律明确规定;“一户一证”模式不具备在大范围、较复杂、多转出主体地区推广和复制,模式改进和创新有待挖掘并在此基础上提出相应政策建议。
Steadily promoting the mortgage loan of agricultural land management right is an effective way to realize the financial support for the development of modern agriculture. The Central Government has demanded that the local authorities have practiced and formed more local models that are suitable for the local agricultural conditions and the people’s feelings and in the short term the government goal of “consensus”. Although some achievements have been made in the pilot project, the existing research lacks adequate and representative evidences on the system theory, laws and regulations and practical operation of the mortgage loan of agricultural land management right. Based on this, the paper discusses the issue of the mortgage loan of agricultural land management right around the above three aspects. It is concluded that the ownership of agricultural land, the right of contracting rights and the right of management right are the supervisory and supervised rights. The third party operators need to obtain the consent of the collective economic organizations and contractors for the transfer of agricultural land , While the substantive rights of agricultural land management is a kind of debt debt relationship between the third-party operators and the contractor using the agricultural land as the main subject matter through the lease contract. At this stage, the object of the agricultural land management right as the mortgage right must be clearly defined by law ; “One-for-one-card” model does not have the means to promote and replicate in a large area, complicated and multi-turn-out areas, and the mode improvement and innovation needs to be further tapped. Based on this, relevant policy suggestions are put forward.