Legal Mechanisms Of Real Estate Credit Risk Control Study

In the last few years, the development of real estate market in our country is swift and violent. Undeniably, real estate market has the very significant significance and the function prosperously. The development of real estate market is promoting national economy growth of our country, and enhancing the people's living standards. However, the exceptionally irritable real estate industry also has much problem in the developing process, for instance exposing real estate credit risk. Because the real estate profession is the typical fund intensity industry, and is more regarding the fund dependence. But the property development enterprises often have the problem that it is lack of money. But it's self-provides the fund is actually insufficient. Moreover, the public demand is very huge, but the contradiction between the high house price and the low income were still very prominent. The development of real estate credit to a certain extent has resolved this contradiction. This also means the real estate credit risk. If it cannot be under the effective control, then this kind of risk will endanger the Commercial bank and even the entire financial industry system. Therefore, the construction real estate credit risk control law mechanism changed is urgent.The article altogether divides into four parts.In the introduction, it introduced the situation of the real estate credit research. The domestic and foreign research mainly stressed on the property development investment financing question, but the real estate credit research is quite few. But, after the 1990s, the financial crisis occurred repeatedly, particularly 1997 Southeast countries financial crisis which has huge influence and harm. It caused more and more people to start to realize how to control the risk to the real estate credit institute. Both domestic and foreign people started the real estate loan risk investigation upsurge. Then it introduced the goal of this article studies. After that this article proposed several significances. Finally it introduced the research technique, including classification analysis method, environment analytic method, comparison analytic method. The first part is "The real estate credit principle explanation". This part first obtains from the concept of real estate credit. Then it summarized the characteristic of real estate credit activity. It has the procedure, the repayments cycle for the real estate credit behavior to be quite long, the Commercial bank itself for the credit activity main body, the Commercial bank credit behavior receives the economic environment restraint which the Commercial bank main body is. Then there is the classification of the real estate credit. It also pointed out the achievements of real estate credit achievements. It lies in the real estate credit to be advantageous in expanding the market demand, the promotion consumption pattern. Finally, it introduced the development of real estate credit in our country.The second part is "The analysis of our country real estate credit risk". It first has made limits to the real estate credit risk. Namely the real estate credit risk is refers to the real estate credit property operative activity, because of element of certainty sole or synthesis influence. The real estate credit risk causes the Commercial bank real estate credit property to suffer the loss the possibility, namely the borrower cannot reimburse the loan according to agreement the possibility. And it pointed out that real estate credit risk presents characteristics in our country and so on. They are uncertainty, potentiality and relatedness. The real estate credit risk displays in: it is easy to initiate the financial risk, not to favor the optimized real estate financing environment, to encourage the moral hazard. Then it has analyzed real estate credit risk performance in our country, basing in the Commercial bank, the real estate enterprise and individual three angles. Finally for origin analysis real estate credit risk, it covers four aspects: Borrower's reason, Commercial bank's reason, the market reason, the system reason.The third part is ",The local real estate credit risk control experience, the lesson and the enlightenment of other countries". Through to national, local and so on US, Japan, Hong Kong good experience as well as to American loan crisis's analysis, discussion other country in real estate credit risk control experience, lesson regarding our country's significance.The fourth part is "Constructing real estate credit risk law control mechanism in our country", for entire chapter article key point.The real estate credit risk controlling has the very vital role: it can reduce the bank real estate credit property the loss, strengthens the bank real estate credit prospective return, set up the good enterprise images, stabilize the social finance. Then it had pointed out acts according to the borrower, the Commercial bank, the government three kind of main part to construct the real estate credit risk law control mechanism in real estate credit statuses.First, in view of the borrower, establishing the real estate credit risk the early warning mechanism. Through establishing our country's credit risks appraisal and the weight legal regime achieves the prevention risk the goal. Its main purpose is through to the borrower basic situation, the credit status and the repayments situation monitoring, to have the borrower to predict that the discovery promptly, and adopts the essential measure guard risk. It proposed that the establishment satisfies information coming into the open, the credit gathering organization standardization, the credit evaluation of information standardization three request credit risks appraisals and the weight legal regime.Second, in view of the provide loan's Commercial bank, mainly establishing real estate credit property securitization system. Through credit property securitization, it can scatter real estate credit risk. US's real estate credit property securitization solves one of our country present Commercial bank real estate credit property storage quantity big efficacious devices. Establishing property securitization system needs to optimize the laws and regulations structure, to promote the reform of monetary system, the establishment securitization rank evaluation system vigorously.Third, saying from the Commercial bank management and operation's angle, establishing the one whole set interior risk the management mechanism may sharpen the risk guard ability, guarantee the real estate credit provide service the security. We must control the loan reasonably risk, including examining the applicant intelligence, the fair pawn value assessment, the perfect credit contract. Moreover, we should strengthen the loan, risk management as well as discrete processing question credit. Fourth, government's supervision can provide the financial risk in the macro economic correct forecast foundation the monitor and the early warning, but cannot fundamentally eliminate the risk the origin. However, the establishment of real estate credit risk supervisory mechanism is advantageous to the active oversight. It points out is that the principle localization lies in the security and fair. In the supervision institution establishment, the People's Bank of China in the supervision mainly emphatically in regulative and the macroeconomic policy formulation macroscopically and so on. The Banking Regulatory Commission has the superiority. This had decided the Banking Regulatory Commission is more suitable to take the real estate credit risk the main supervision institution. As for supervision content, it includes profession admittance and withdrawal, Commercial bank capital sufficiency of capital as well as real estate credit interest rate and so on.In the conclusion part, constructing law control mechanism of the real estate credit risk in which each main branch is related and carrying on a brief induction and the summary.