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随着集约化经营日益兴盛,抵押贷款作为一项重要的融资渠道正发挥其应有的价值。虽然国家出台了政策对土地承包经营权抵押贷款进行了指导,然而在实践中仍存在诸多纠纷阻碍抵押的进程。由于土地权利的复杂以及抵押主体的多样,在土地承包经营权抵押过程中产生的法律纠纷尤为复杂。因此本文从土地承包经营权抵押之初、存续期间、到期未能还款、转让给第三方这四个阶段出发阐述各抵押主体间的法律纠纷,抓住每个阶段中产生的法律纠纷本质进行归纳,促进抵押的顺利进行。
With the intensification of intensive operation, the mortgage loan as an important financing channel is exerting its due value. Although the state has promulgated the policy of guiding the mortgage loan of land contractual management right, there are still many disputes in practice that hinder the process of mortgage. Due to the complexity of land rights and the variety of mortgage entities, the legal disputes arising from the mortgage of land contractual management right are particularly complicated. Therefore, this article sets forth the legal disputes among the various mortgage entities from the beginning of the mortgage of the land contractual management right, the period of existence, the failure of repayment due to expire, and the transfer to the third party. To summarize and promote the smooth progress of the mortgage.