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抵押贷款的农地主体增加,权益分散,危及使用权益。使用权益保障是关键。使用权益与抵押权益有矛盾。如果抵押权益在经营权益中实现,使用权益低于经营权益。使用权益保障引发问题。优先保障使用权益与抵押权益,权益重心后移。使用权益等于经营权益,抵押权益挤占承包财产权益,损害农户权益。性质不同的承包财产权益与抵押权益错配,理论与实践矛盾,可将农地所有权让渡给承包农户,保障农户所有权。
The main body of the farmland for mortgages increased, the rights and interests were dispersed, endanger the use of rights and interests. The use of rights and interests protection is the key. There are contradictions between usage rights and mortgage rights. If the security interest is realized in the operating interest, the operating interest is lower than the operating interest. Protection of rights and interests lead to problems. Priority to protect the use of rights and interests in mortgages, equity center of gravity shift. Equity in use equals to the operating interest, and the mortgage interest squeezes the contracted property rights and damages the rights and interests of farmers. Contradiction between theory and practice can lead to the transfer of the ownership of agricultural land to contracted farmers and the protection of farmers’ ownership.