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解决家庭承包之土地承包经营权抵押政策规定与法律规定不一致问题,需一并修改《物权法》、《担保法》、《农村土地承包法》,同时建议国家尽快制定《土地承包经营权抵押法》或国务院出台《土地承包经营权抵押贷款条例》我国现行法律规定,禁止以家庭承包取得的土地承包经营权抵押;而以其他方式承包并经依法登记获得土地承包经营权证或者林权证的土地承包经营权,可以抵押。党的十八届三中全会《中共中央关于全面深化改革若干重大问题的决定》(以下简称《决定》)和中共中央国务院《关于全面深化农村
To solve the problem of inconsistent requirements of the mortgage policy of contracted management of land contracting with the law, it is necessary to amend “Property Law”, “Guarantee Law” and “Rural Land Contract Law” together, and at the same time, it is suggested that the State formulate the “Land Contract and Franchise Mortgage Law” Or the State Council promulgated the Land Contract and Management Mortgage Loan Ordinance. The current laws and regulations of our country prohibit the mortgage of the land contract and management right obtained through family contract. Whereas land contract and contractual management certificate or forest tenure certificate contracted by other means and registered legally Right, can mortgage. The Decision of the Third Plenary Session of the 18th CPC Central Committee on Several Important Issues concerning the Overall Deepening of the Reform (hereinafter referred to as the Decision) and the Decision of the CPC Central Committee and the State Council on the Comprehensive Deepening of Rural Areas