| Mortgage products as a pre-real estate collateral to obtain bank loans in the means of financing on the world today in many countries and regions are widely popular。since the 20th century80's, the introduction of the system for the Mainland of China, the housing has been the rapid development of trade At present in our country and become the main form of financing the purchase. At the real estate industry, driven by rapid development, China's commercial banks to the housing mortgage market in commodities has also been tremendous progress. However, with the housing mortgage loans at commercial banks deposit and lending business continues to improve weight, accompanied by a merchandise housing mortgage loans at risk of commercial banks has become more prominent. Because the mortgage is a new thing in our country, just starting soon, the lack of experience, mortgage system is not perfect, the existing law is not clear, which give a great inconvenience to the actual operation and easy to dispute, triggered risk. At present, the global financial crisis is still spreading, the housing development of mortgage business is experiencing difficulties, however, if we can overcome difficulties and scientific prevention and control, the economic development of the real estate industry is bound to continue to be a tremendous growth, real estate financial markets will be conducive to restore health, prosperity, and promote the development of the rapid revitalization of other sectors. Therefore, to study how to prevent and resolve commercial mortgage bank in the merchandise at the risk are more practical significance.This paper consists of three parts , the full text of a total about 25,000 words.The first part is the origin, development and comparative study of the housing mortgage system.. from the word source of the mortgage, we analysis the basic characteristics of the development process of and the Hong Kong region, and then talked about the introduction and promoting of mortgage in the mainland of our country, and the mortgage in the law of the Mainland of China with the mortgage law system in the USA/UK and Hong Kong carry out a comparative study of the similarities and differences, recognize our country at the implementation of the current mortgage is with a specific connotation, and has been integrated into the mainland economy, the legal elements ,so it formed a community of practice and has been recognized by customary law and the economy, legal system. The second part systemly explained the general principles of the mortgage system. in the Mainland of China. This section first introduces the concept and types of mortgage and analysis the need of mortgage of existing homes in our country for the mainland, and then focus on an analysis of housing mortgage loans in the legal characterization, and take it as an example to introduce the basic flow merchandise housing mortgage, and then the duty, obligations, rights were explained.in the relevant processes about mortgage on the merchandise in the main body of the law such as real estate developers, the borrower (mortgage buyers), the mortgage loans in banks, insurance companies, or to a specific loan guarantee agencies and the intermediary activity in the mortgage financing .combined with the basic interpretation of the mortgage, in the next, we will analysis of the existence of the mortgage as well as the characteristics of a variety of legal relations in detail, Writing in this section. the first reference to the opinion of some scholars in Mainland China were the definition of Mortgage, dialysis of the mortgage of the nature . Then introduce the current several common doctrine of the nature of mortgage on the Mainland of China, and critical analysis of these doctrines one by one, then talk about my opinion. Subsequently we carried out more fully the legal relationship of the mortgage issue, therefore, more representative of the academic community were quoted opinion, made a number of our views.The third part of thesis, but also the focus of this article. First, combined with the author on the front, from the flow of all aspects of the mortgage, the mortgage in a variety of legal relations, the relationship between various legal systems to grasp the sources of bank risk.. at merchandise housing Mortgage, the principal source of risk of the commercial banks has come from real estate developers, the borrower, the mortgage collateral, the imperfect ofmarket system, changes in laws and regulations and policies, inflation and interest rates, bank's own management and decision-making and other risks; in the final of this thesis, about how to effectively guard against and defuse the risk of lending banks, the author will be used by a large number of ink to discuss some of the ,prevention, the transfer of measures and countermeasures to resolve as much detail as possible all these risk is envisaged and recognizee by writer. In this part we carry out a a comprehensive exposition with strengthen their credit risk monitoring and management, the introduction of mechanisms involved in the insurance industry, on the positive role played by the involvement of lawyers and strictly regulating the activities of intermediary institutions and accountability, on the introduction of mortgage-backed securitization, to set up and improve the internal prevention and control mechanism, to do the same powers and responsibilities of the, the balance constraints, and orderly operation. but also affirm strengthening the legal aspects of a unified standard for a sound credit system construction, attention to the integrity of the whole society to give remodeling.This paper stands on the bank's point of view, systemly and depthly studying of the merchandise in commercial housing mortgage banking risk control , it has some innovation about the risk prevention study, and makes a number of personal ideas about the prevention of transfer,resolve the risks of commercial bank in the housing mortgage loan.Due to limited paper space and the author's research capabilities have to be raised, therefore, the analysis of commercial bank risks of commodity housing mortgage loans may not be exhanstive, a variety of risk prevention measures, response may not be completely thorough study. I need to more study in practice and to continue a more in-depth research.
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