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资金匮乏是农村林业难以发展的制约性因素,林农虽然享有对森林、林地的使用权和对林木的所有权,但缺乏将权利转化为利益的有效途径。林权抵押,是指林权权利人依法以其对森林、林地、林木所享有的使用权和所有权为本人或第三人债务偿还或履行合同担保,以便获得其他利益的一种法律行为。林权抵押不但可以解决农村林业发展的资金问题,还可以使森林资源得到充分地利用。本文试图就以下三点展开讨论:第一,法律是如何设定林权抵押财产范围的;第二,林权抵押登记的程序以及不足之处;第三,林权抵押实现的后果如何。
Lack of funds is a restrictive factor for the development of rural forestry. Although farmers enjoy the right to use forests and woodlands and their ownership of trees, they lack effective ways to transfer rights into benefits. The forest right mortgage refers to a kind of legal act that the forest right owner obliges him to repay the debt or to guarantee the ownership of the forest, woodland and forest, or to guarantee his contract, so as to obtain other benefits according to law. The forest right mortgage can not only solve the capital problem of rural forestry development, but also make the forest resources fully utilized. This article attempts to discuss the following three points: First, how does the law set the scope of the forest property mortgage property; second, the procedures and deficiencies of the registration of the forest property mortgage; third, what is the consequence of the mortgage.