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2007年国土资源部、财政部和中国人民银行联合发布的《土地储备管理办法》,在规则层面确认了土地储备机构可以担保方式向金融机构申请贷款。实践表明,这种做法较为有效地破解了土地收储资金的来源问题,对实现土地储备、开发的良性循环,促进土地资源合理利用起到了十分积极的作用。与此同时,观察最近几年的储备土地抵押贷款实践,也出现了一些需要关注的问题,可能给未来的土地市场、金融市场的持续健康发展埋下隐患,需要加以研究和关注。储备土地抵押涉及的主体储备土地抵押融资,表面看是土地储备机构与金融机构两个主体之间单纯的担保法律关系,但土地储备机构自身法律地位模糊,加之土地储备机构背后政府时隐时现的身影,看似简单的法律关系在更多的时候变得复杂化。
In 2007, the Measures for the Administration of Land Reserves jointly issued by the Ministry of Land and Resources, the Ministry of Finance and the People’s Bank of China confirmed, at the regulatory level, that the land bank may apply for a loan from a financial institution by way of guarantee. Practice shows that this approach has effectively solved the problem of the source of funds for land acquisition and storage and played a very positive role in realizing the virtuous cycle of land reserve and development and in promoting the rational utilization of land resources. At the same time, observing the practice of reserve land mortgage loan in recent years has also brought some problems requiring attention. It may lay hidden dangers for the sustained and healthy development of the land market and financial market in the future, which needs to be studied and paid attention to. The main body of the reserve land mortgage involved in the mortgage financing of land, the surface is the land between the two institutions of financial institutions and legal guarantees, but the legal status of the land bank itself ambiguous, coupled with the land bank behind the government when the hidden institutions The seemingly simple legal relationship is more complicated in the future.