论家庭承包取得的土地承包经营权抵押

根据我国担保法与农村土地承包法的规定，现行立法是禁止家庭承包取得的土地承包经营权抵押的。为促进土地资源的充分利用．实现农村经济发展．允许家庭承包取得的土地承包经营权抵押，从理论和现实两个方面分析都有可行性；并且对发展农业生产具有重要意义．家庭承包取得的土地承包经营权抵押功能的体现，需要法律上的支持和相关配套制度的构建。

On the Mortgage of Land Contract Management Right Acquired by Family Contract

According to the Guarantee Law and Rural Land Contract Law,the current legislation in China prohibits the mortgage of land contract management right acquired by Family Contract.In order to facilitate the efficient use of rural land resources and stipulate rural economic development,the author advocates that the legislation should allow the mortgage of land contract management right acquired by Family Contract.The article analyzes and discusses the feasibility of the mortgage of land contract management right acquired by Family Contract in view of the theory and reality on the basis of outlining the function of the mortgage of land contract management right acquired by Family Contract.Meanwhile,the author states some questions about the mortgage of land contract management right acquired by Family Contract,and puts forward some suggestions to improve the system.