Study Of The Legal System Of China's Real Estate Mortgage

The Chinese government has adopted a policy of encouraging both personal residential loans and commercial loans for the real estate developer in the recent years. The mortgage loans have been booming year after year. However, the participating parties'rights and interests are unclear, the risk design is unbalanced, and the mortgage conflicts and risks are emerging at a large scale because of both insufficient preparations for the mortgage theory and the complexity of mortgage system in itself. How can we deal with the mortgage conflicts effectively and guard against the banking risks in the real estate industry to establish and improve the national commercial housing mortgage system? It has become the central task in the academic circles. This paper probes into the commercial housing mortgage system in the mainland of China to explore its basic theory, and then turns to the settlement of the common conflicts in the mortgage practice. In the end, the author provides some suggestions to establish our mortgage legal system of commercial housing.