An Analysis Of Housing Mortgage Mortgage System From The Perspective Of Current Law Of Our Country

With the emergence of “four two one” family structure and the increase of “lost only”family, aging phenomenon is increasing in our country. The pension problem has becomea hot topic in the current society. Many people put their pension in the hope of the socialsecurity system. However, only depending on the social security pension has been unableto meet the needs of the society, because the aging of China’s population base is so big,fast growth, and there is a serious shortage of pension. Moreover, according to thestatistics, there are many old people who may have a set or several sets of real estate, butcannot cash. Their life is still so tight that they are known as the "cash poor, housing oldman ".To further broaden the channels of pension and revitalize the old fixed assets, manyscholars have advocated introducing a mature foreign endowment patterns—housingreverse mortgage loan system, as a kind of new pension system, which can promoteChina’s pension market and let more social subjects to take part in the pension. There issome difference from the current system of our country since it is a kind of exotic. Ifcompletely copy, may backfire. At present, the domestic study of this system mainlyconcentrated in the social field and financial field. However, there are so few scholarsinvolved in the field of law. Therefore, in order to contributed to the development of thesystem in our country, as a legal person, the author mean to make a comprehensiveanalysis of the system of legal concepts、legal nature、legal issues and the practice ofabroad from the legal perspective, then it puts forward the model of the construction of thesystem in our country. This text is divided into four parts:ChapterⅠ, an overview of the housing reverse mortgage loan system. We will mainlyanalyze the legal characteristics of the housing reverse mortgage loan system starting fromits concept, and explore the jurisprudence foundation of the system in our country.ChapterⅡ, the practice of housing reverse mortgage loan system at home and abroad.The purpose of this part lies in summarizing the experience by introducing the practiceand operation mechanism of this system at home and abroad, in order to provideexperience for our country to implement the system. ChapterⅢ, discuss on legal issues related to the housing reverse mortgage loansystem. The part will compare housing reverse mortgage loan system with other similarsystems, and make the analysis to the reverse mortgage loan contract and the reversemortgage subject matter from the current law perspective.Chapter Ⅳ, the building of housing reverse mortgage loan system in China. This partmainly designs our housing reverse mortgage loan system from three levels of the legalsystem, the rights and obligations of subject, and the operation mechanism.