| This article aims to reduce or avoid the risks in the mortgage of commercial housing through handling the legal relations of this kind, of course, there are many articles on this topic presently, yet most of them just see it from the views of finance and economic, and there are hardly no research or systemic explanation in the eyes of law, what's more, rules and regulations concerning mortgage in our current law is blur and even vacant. It is clear that a definite explanation of the theory and practice of commercial house mortgage is badly needed for our real property industry, especially for the deal of commercial houses, in order to advance the healthy and orderly development of our commercial house transactions.The term "mortgage" is introduced from Hong Kong to the mainland, and is broadly used in our realty industry currently. Three parties can benefit from mortgage: the public can use the loan to get enough money to buy a house of their own, which has been a long dream of the common; the bank has developed a new loan business; as of the developer, he is both financed and achieves the promotion of the items.The article is consisting of four parts, namely: 1) on the history of mortgage; 2) the realistic investigation of mortgage of our commercial housing; 3) an analysis of the legal relationship of the mortgage; 4) consideration of the perfecting of our mortgage system.Chapter one: to study our commercial house mortgage system, we need to know the history, development as well as the conditions of mortgage. Beginning with the origin of the term, this paper gives a deep study of the mortgage in the common law system and Hong Kong.Chapter two: this chapter gives a general view of the history of our mortgage, and goes on to point out that our mortgage of commercial housing should refer to mortgage of selling commercial houses in advance specifically.Chapter three: this part studies the subjects,objects and contents in a commercial housing mortgage legal relation, expressing the idea that the objects of a mortgage legal relation are not realty (thing), but expectancy of the ownership of the object of the mortgage, that is, one property interest.Chapter four: this chapter makes a deep study on the perfecting of our mortgage of commercial housing and forwards suggestions. This chapter consists of three parts, part one elaborates the necessity of the perfecting of our mortgage in order to regulate the function of the commercial house mortgage on the basis of the above-analyzed shortcomings of our present rules, meanwhile, puts forward legislative suggestions in tackling these problems. Part two discusses the signification of the perfecting of the pre notice registration to commercial house mortgage through an analysis of our prenotice registration. Centering around various risks in the mortgage, the last part discusses the perfecting of the risk-defense and remedy mechanism of mortgage.The fruits of this article are, in theory, it nails down the constitution of the legal relation of commercial housing mortgage, and thus establishes the theory that the object of a mortgage legal relation is an expective right; in practice, it explores the effective methods to reduce the bank's risks and lodges the legislative suggestions of consummating of our commercial mortgage.The research methods adopted in the article include:a historical and comparative method is used while tracing the history of mortgage;combing theory with practice to raise problems, expounding the research object and target in consideration of practice, furthermore, making use of method of comparison and reasoning to analyze legal character of expective right and striving for smooth and compactness of legal reasoning and tight system;and adopting the method of combing theory with practice and the way of comparison to solve the problem , focusing on feasibility of the method,with an expectation to make the commercial housing mortgage clear and comprehensive to the public, and hope that this will be of some help to our legis...
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