新农村土地承包经营权抵押的法律问题

新农村建设中,土地承包经营权的抵押现状并不乐观,目前存在的法律问题包括立法的禁止性规定、评估法律制度缺失、抵押登记法律制度不健全、社会保障法律制度不到位等内容。如何顺利实现土地承包经营的抵押并完善相关配套制度已成为一个亟待解决的问题。解决之道应从以下四个方面推进：修改立法的禁止性规定、建立农村土地价值评估制度、健全抵押登记法律制度及完善农村社会保障制度,以期推进新农村土地规模化产业化发展。     

Performing housing debt attachments: forming semi-financialised subjects

ABSTRACT

This article contributes to the understanding of how first-time buyers and their parents form attachments to housing debt. Interviews, carried out in the Czech Republic, with 40 first-time homebuyers and 10 with their parents were used to identify multiple layers of debt performativity. These layers consist of statements expressing moral evaluations and emotions; calculative and cognitive devices; and references to practices. Two arguments are advanced through a framework of layered performativity. The first argument concerns the subjectivities of debtors. Debtors adopt investment concepts in their statements and use calculative devices. However, by relying on familial moral orders of security and familial financial transfers, these debtors must be regarded rather as semi-financialised subjects. The second argument relates to the re-configuration of social and economic relations in families. Debt attachment endorses the use of intergenerational financial transfers, which in turn may enforce continued intra-familial reciprocity, both in terms of the recipients’ obligation to the providers of a gift or loan as well as concerning an obligation to help their children attain homeownership in the future. Finally, intergenerational transfers also transform the character of the mortgage market and mortgage debt, making informal debts an important part of formal debt circuits.     

中国古代当铺的质权

质权是一种重要的担保物权 ,当铺收取当户的当物所设定的权利就是一种典型的质权。中国古代当铺制度相当发达 ,运用质权法的理论 ,历史地分析中国古代当铺的质权 ,对制定有关现代当铺的法律 ,具有一定的参考意义。