| With our country's real business attains a rapid development, personal mortgage of house increases rapid, the measurement of mortgage business also enlarges gradually. The actual system of mortgage of advance-booking house exerts positive affection to assisting the sale of commercial housing, to promoting the development of real estate market and finance market. Though the banks, the merchants in developing realty houses, the buyers all like mortgage, its use is difficult. It because our country has not the law of mortgage, now just uses the system of guarantee to coordinate mortgage. It makes the risk duty of the subjects of mortgage out of balance and causes conflict of practice constantly. At the same time of expansion the business of mortgage, how to keep the risk of finance and bubble economics away is an attentive issue in the area of theory. The author try to investigate and analyze the system of our mainland country, compose the law problems of mortgage most roundly, and connect with other country and area's advance experience to analyze comparatively, discuss the rationality and defect from all the material aspects of the system of mortgage, and base of it, bring the legislation advice of building our country's law of mortgage, in order to do benefit with the development of our country's real estate market. |
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