关键词: 农村金融,物权法定,农地抵押,地方“试错”

Abstract: In the context of China’s Property Law accepting the numerous clausus principles, the exploratory activities of farmland mortgage carried out in various regions are in essence the kind of gradual“trial-and-error”behavior. The local “trial-and-error” behavior for farmland mortgage is not inconsistent with the rule of law, which is the legitimacy basis of its existence. The digging of the functions of farmland property and the construction of rural endogenous finance also call for this kind of “trial-and-error” behavior. The local “trial-and-error” behavior for farmland mortgage is by no means limitless, so it is necessary to limit the “trial-and-error” behavior from such aspects as subject, procedure, time limit and so on. In the specific local “trial and error” behaviors for farmland mortgage, the local governments should not be overly dependent on finance but moderately expand the main participation body of farmland mortgage. They should improve the trading markets for rural property rights and further dig out the functions of farmland property, so as to promote the substantial development of farmland mortgage.

Key words: rural finance; the numerous clausus principles; farmland mortgage; local “trial-and-error”