在建工程一方面有着不断增值的可能,另一方面它增值是依靠资金借入进行后续建造而形成的,为了适应这一需要,在建工程往往用于抵押筹集后续建造资金。但由于立法上与实务上对于在建工程抵押问题存有脱节的情况,导致各地适用在建工程抵押产生一定的困境,实为法律界应予以重视的重大问题。 On the one hand, the construction in progress has the potential of continuous value-added. On the other hand, its value-added is formed by borrowing funds for subsequent construction. To meet this need, the construction in progress is often used for collateral to raise follow-up construction funds. However, due to the fact that there is a disconnect between the legislative and substantive issues concerning the mortgages under construction, the plight of mortgages for construction in progress across the country will result in certain difficulties. This is indeed a major issue that the legal profession should pay attention to.