中国从二元户籍的隔离走向城乡户口登记制度的统一,但遗留着进城落户农民的留 地经营权流转困难、抵押贷款难和集约运作率低等问题.在“三权分置”的制度格局下, 留地经营权的抵押融资能够开掘留地的资本功能,推动留地的集约化运作,提高留地的 利用效率.破题的关键是克服进城留地经营权法律性质不明确、确权颁证难、抵押登记 制度不完善、抵押融资用途的不当规制、农村土地流转市场难以覆盖适用、抵押处置中 对利益相关人的保护不到位等问题.对此,应立法明确留地经营权的性质和内涵,推进确 权登记制度,给予进城落户农民对抵押模式的选择权,强化抵押融资活动的规范性,构 建留地抵押权处置中利益相关人的保护机制.
China has broken the dual household registration system and unified the urban and rural household registration system, but there still have some problems been left, such as, the difficulty of trade and mortgage, low rate of large-scale operating. Under the system of “separating rural land ownership rights, contract rights, and management rights”, the mortgage financing of the land management right can explore the capital function of the land, promote the intensive operation of the land and improve the utilization efficiency of the land. The key to solve the questions include that the legal nature of the right to operate in the city is not clear, the land rights registration certificate is difficult, the mortgage registration system is not perfect, improper management of mortgage financing purposes, rural land transfer market is difficult to cover, the protection of mortgage-related stakeholders is not enough. In this regard, the legal nature of the right to operate rural land should be clear, the land rights registration system should be modified, the holder of land should have the right to select mortgage model, the mortgage financing activities should be regulated, the institution that can protect mortgage stakeholders should be built.