Study On Individual Housing Loan Risk Control Of Commercial Bank By Law

The urban housing system has been gradually transforming to the market, since the reform of the urban housing system was implemented in china. The commercialization of urban housing system stimulates prosperity as well as put forward development of financial business in Commercial Banks'Real Estate, especially in the individual housing loan business, which become one of the most important credit operations in our commercial bank.Commercial banks get profits with risk, and that is apparently different from risk of individual housing loan business because the risk is closely associated with real estate market. It has long-term, complicated, policy and destructive features. Therefore, if real estate market had been deep in crisis, the security of commercial banks would be threatened. Properly banks bankrupt in deep crisis. However, the control mechanism of Risk management of individual housing-loaning where there are lots of problems is not perfect. Therefore, the control mechanism of Risk management of individual housing-loaning should be more perfected on the condition that our country put forward looser monetary policy leads a great of credit funds inflow into real estate market.From Current achievements so far, study of individual housing loan risk control is more concentrated in economy. Namely, more in Analysis and solutions by the way of economics models but little in laws which are mainly in real estate finance. Thus the essay features novelty and originality whatever it is in practical application and theoretical study. The essay links legal theory to economics theory and adopts case analysis, contrastive analysis and ect, by means of specific cases to state the commercial bank risk of individual housing loans and how to control risk by lawThe essay is classify to four parts except introduction and conclusion. Part I the summary of individual housing loan risk.Typical cases and summary of individual housing loan in our country introduce the potential risk in operations of commercial banks, and analyze representation and major types of individual housing loan risk to figure out deep reasons for risks which happen, from four aspects of credit risk, market risk, liquidity risk and operational risk.Part II institutional reasons for individual housing loan risk.According to discussion and statement of major type and representation of individual housing loan risk, from five aspects of individual housing loan regulations are outdated,and guaranty system can not guarantee creditor's rights from banks fulfill, regulation system, disclosure system of information resources and bank risk-transferring mechanism.Part III pefecting the suggestions of individual housing loan risk to control by law.Discussing reasons why individual housing loan risk happens according to Part II and putting forward specific measures of legal control.For example, with respect to perfecting laws and regulations, on the one hand, personal housing loans law should be lay down as soon as possible to improve the legal hierarchy of management of individual housing loans, on the other hand guarantee law and property law should be amended and it is permitted that commercial bands enter into mortgage clauses in the individual housing loans.and suggest by admending achitecture law ,obligatory housing insurence system will be brought in.Suggestions that legislature push a law of credit information resources through, perfecting information resources sharing system of individual housing loans and related regulation system, strengthening the law-enforcing supervision and perfecting sound effective mechanism..