On Bank Risk In Individual Housing Mortgage Loans And Guard Against Legal Countermeasures

The article, by approaching the law characteristics, law relations, effect of mortgage of personal living house mortgage loan and the risk of personal living house mortgage loan, combining with foreign theory and practice, aiming against the present status of our country, puts forward establishing the legislative advice to prevent the risk of personal living house mortgage loan, and has made a deep research for the relative law system. It pointed out that, in order to resolve the concentrated problems of personal living house mortgage loan risk, should refer to foreign legislation to establish the law system about personal credit management, modify present practical law and work out program law to perfect the law system to carry out the mortgage right of personal living house mortgage loan, so that the preparation is made from the respect of law for favorably developing the personal living house financial system and protecting the benefit of loan bank of our country.The article composes of three parts. The first part describes personal living house mortgage loan and risk analysis. The second part and the third part mainly research the two kinds law countermeasures to prevent the risk of personal living house mortgage loan.The first part mainly introduces the law characteristics and law relations of personal living house mortgage loan, makes research and discussion for establishing the mortgage right and the effect of mortgage right of personal living house mortgage loan, in which, the special responsibility of the loan bank of the mortgage loan is primarily approached, introduces the developing situations of the personal living house mortgage loan of loan of our country, mainly analyses the risk and the source of risk of personal living house mortgage loan, points out that the risk of personal living house mortgage loan mainly comes from the credit risk of the house buyer, the risk to realize mortgage right and the risk to treat the mortgaged house.The second part, starting from the relation between personal credit system and the personal living house mortgage loan of our country, establishing and perfecting personal credit managing law system, drawing lessons from the experience of legislation and practice of USA of which the personal credit managing system is ripe, mainly researches the law structure of the personal credit managing system ofour country. By the research, it is put forward that our country at present stage should firstly modify the present law and rules to make preparation for making credit data known to the public, secondly should work out the regularized new law to use credit data as quick as possible, during modifying and working out the law, should pay attention to the scope to open regularized credit data to guarantee the fair and just of the credit investigation report of credit managing trade, and pay much attention to protecting personal right of privacy, meanwhile, should establish the punish system to those of breaking their promise.The third part mainly approaches the problems existed in the law system in realizing the mortgage right of personal living house mortgage loan of our country, and aiming against the problems, put forward legislative advice. The legislation of the path and way to realize mortgage right of our country established various kinds of limitations for mortgage right person to carry out mortgage right, which made carrying out mortgage right, being an important measure to protect the benefit of mortgage right person, had not played the effect which it should had. For this, the article suggests that from the actual law and program law, the present relative legislation of our country is modified, mainly modify ((Law of guarantee^ , perfect ((Law of auction)) , and work out a ^Carrying out civil law)) to perfect civil carrying out program. Besides, in personal living horse mortgage loan, the contradiction between the mortgage right of loan bank and the priority compensation accepting right of construction project contractor may occur. In June of 2002,...