Mortgage System Research

Mortgage system spreads from Hong Kong to China mainland, during the 90's in last century. it made huge contribution on prosperity and development of the real estate financial market. Particularly in the recent years, personal housing mortgage loan business presents a situation of high-speed development. personal housing trades increase year by year and have already become the main current of the real estate bargain now. Take Cao Hu City as an example, by 2004 year-ends, personal housing lends money 449,130,000 yuan of whole city's financing institution , by 2005 year-ends, increase to 637,660,000 yuan, the growth rate is 42%, and by 2006 year-ends increase to 711,220,000 yuan, the growth rate is 12%,in October, 2007 end, add the loan 399,000,000 yuan of personal housing, the surplus amount is 1,073,000,000 yuan and the growth rate is 50.8%.But, the study such as name and character in actual practice field and academic community etc was too rare. Different opinions can't reach a consensus up to now, Chinese law didn't stipulate for the mortgage systematically yet. For Lack of the fundamental rules to regulate mortgage, relevant, department regulation and juridical explanation, but they have never rise to law. In defect of legislation, large numbers of mortgage issues can't be regulated by law.Many problems which should be regulated by law have to negotiate by two parties.The bank then takes the provision instead of laws, makes use of its preponderant status.Lack of fundamental law to regulate mortgage system is the basic reason why the mortgage market is out-of-order in our country.This paper aims to promote further perfect of the advance sale building mortgage system of our country by researching the relevant law problem of mortgage.Except for the preface and conclusion of the paper, the main contents is divided into 4 parts:Chapter 1 the origins and development of the mortgage system. mainly introduced the mortgage of common law system countries and Hong Kong,and introduced current situation of the mortgage system in our country, compared contrast the mortgage system in China mainland with the mortgage system of common law system country and Hong Kong.Chapter 2 the analysis on legal relation in mortgage loan system. The thesis clarified the complicated relationship of the mortgage system by the analysis with three parts of body of the main body, contents, objects, emphasized to carry on analysis by the objects of the mortgage,in other word expectant right.Chapter 3 the analysis on legal character of mortgage loan system analyzed all kinds of theory about the advance sale building mortgage, clarified the advance sale building mortgage's legal character by comparing the similarity and difference between mortgage and charge,pledge,and release.Chapter 4 the problem and improvement of the current mortgage system. The problem and perfect of the current mortgage system, first clarified the existent problem of mortgage system in our country, then put forward my suggestion to perfect the mortgage system of our country.