Study On Building Mortgage

Under the condition of no legislation and theoretical guidance, China's mortgage system implement the ten years neither fish nor fowl. Mortgage's operations and judicial practice refer to the mortgage system of hypothecation. Such a situation in China lead to no standard practice of mortgage.It is nesessary to make theoretical research.This paper's writing thoughts:The first part:I points out that the defects of China's mortgage system through the legislation and practice of China's mortgage system:the blank of traditional commercial legal standard; Risk sharing supporting system development is not perfect; Mortgage system is not perfect the content; The rights and obligations of the parties subject is not clear; Commodity house opens to booking a registration system is insufficient; Lack of commodity house opens to booking a capital of regulatory system.The second part:I traces the historical evolution of the American mortgage system and explore the development trend of modern mortgage system. Comparing the the mortgage laws of Hong Kong with British, find its mortgage legal system and development trend. Based on the above describes in the specific implications of China equitable mortgage and compares it with related systems. I reach the conclusion that equitable mortgage is equivalent to alienation guarantee. The second chapter analyzes the nature of equitable mortgage,which combines with mortgage and real estate development in our country's reality. I propose that the hypothecation system can be made to absorb the mortgage system in China.The third part:I analyses of the establishment of equitable mortgage,the entry into force and its property publication approach -- the advance notice registration. I have improved the existing notice of proposed property law registration system of legislative proposals.The fourth part:.I have proposed legislative proposals for a complete set of equitable mortgage system:Confirmation of our country's legal system building mortgage in the position; Clear parties mortgage the rights and obligations of theparties; Perfect the law system of the advance notice registration; Perfect risk supporting system;Establish legal third-party fund supervision system; Re-mortgage perfect.