| The financial crisis which has overwhelmingly influenced the global world poses great challenge to every country.However,the main reason which causes the global financial crisis is subprime mortgage crisis and the real estate mortgage loan which many law loophole exists.We still have more serious social problem such as the soaring hike of housing price and ordinary people can't afford to buy their houses.The unstability which exists in the housing regulation from the government,the casual and flexible managing policy toward the mortgage loan in real estate industry,the mortgage law still lacks of scientific surveillance and advantage.The reason should be attributed to the prevailing law which does not specify the details of the mortgage law and lack of efficient law regulation to solve the existing problem.The main topic of this article is on the study of improving the mortgage law of our country in a mean to use the basic principle and theory of the law,combine with scientific developing point of view,conduct analysis on the problem which exisiting in present mortgage situation of our country,discuss the possibility to establish the Chinese mortgage law system which matching the current situation of our country,not only can realize one family one house but also make sure the safety and efficiency of the financial system.This article has strictly followed the idea of putting forward the question,annalysing the question and offering solution to the question.Study the origin of the mortgage business and relative law and discipline abroad and the progress which the mortgage law is developed in our country as well as the experience and lesson drawn from the mortgage crisis in accordance with the mortgage law and contract law as well as related law and regulation and relative regulation of the People's Bank of China,policy and regulation from the government.Annalyse the necessity and importance of the mortgage law and how to improve the mortgage law system of our country as a large.Based on the thought above,now we outline the content of each chapter in this article as below:The first chapter:Outline the general situation of the development of mortgage business and mortgage law in our country.Annalyse and discuss from all aspects of mortgage business,from the concept of mortgage,importance and adjusting function of mortgage business to the real economic life as well as the law and surveillance which mortgage business needed.The main point of this article is focusing on the necessity and importance of mortgage law legislation.The second chapter:Analyse the mortgage law which has been implemented in Hongkong SAR and abroad and the existing unsolved question challenged us at present situation in our country.Through analysing the main characteristic of law in U.K.and.law in U.S.as well as mainland law,Hongkong SAR law on mortgage industry as well as the mortgage crisis happened in U.S. and study the mortgage law in France as well as the mortgage crisis gives us the experience.Discuss the possibility of establishing a new mortgage law which suitable to our domestic present situation by drawing the good experience from abroad and Hongkong SAR in mortgage industry.The third chapter:Discuss the legislation course in our coutnry,the present situation and existing law flaw.From the course of mortgage legislation in our country,the legal relationship which our country's mortgage law contains,the existing problem of the present mortgage system in our country,especially the law loophole,the fraudulent practice which exists in the mortgage litigant,the evasion of mortgage law to the property law as well as lack of comprehensive and effective financial surveillance to mortgage industry,etc.We analyse the urgency and importance of mortgage law legislation in our country from the aspects mentioned above.The fourth chapter:Discuss how to improve our country's mortage legal framework in the aspect of legislation.From the establishment of our country's mortgage legal framework, the principle of the mortage legislation, the legislation of Mortgage operating standardization as well as the differential legislation of different mortgage people.discuss how to establish the mortage system which reflects the requirement of scientific development,not only reflects the social fairness(i.e.One family one house) but also make sure the financial safety and efficiency,establish the Mortgage law system with Chinese characteristic which benefits the social economy and sustainable development. |
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