| Commodity house "Fake mortgage" is on the basis of the mortgage derivatives emerging problems. But in China today, because of various laws and regulations and the corresponding to the provisions of the relevant system is still just a mortgage to relative primary stage. Therefore, in "Fake mortgage" appears after the relevant responsible persons, and how imputation claimants how to prevent fake mortgage problem appears especially important. Therefore, further study, the principle of the fake mortgage that fake mortgage formation cause and the risk that creates fake mortgage, eventually improve the corresponding preventive measures is very necessary.This paper to remove the introduction and conclusion outside, is divided into four parts altogether.Part 1 of this article is from "mortgage" and "Fake mortgage", introduces relevant principles of the mortgage origin and in the development of our country, the mortgage, the legal attribute of definition, mortgage related principle problem. Meanwhile, focuses on the meaning of "Fake mortgage" discuss features and expression way. The purpose is to introduce the basic principle, this paper after wen made for guidance and matting.Part ii of this article, the paper discusses the "Fake mortgage" reasons, mainly from the Angle of the market and system analysis. Secondly, in this part of the study the fake mortgage "brings the risk. According to this part of adopted two method, the fake mortgage brings the risk and analyzed. Study this part of main purpose was to clear the dangers of fake mortgage, and the causes of the complete system for later under the corresponding prepare requirement.This paper analyzed the third part of our current "fake mortgage" responsibility divided, concludes our country's existing about preventing "Fake mortgage" laws and regulations, and some legal protection system. Meanwhile, summed up the present system, in order to insufficient points after wen perfect elaborate language. The fourth part, according to the relevant principles discussed above, as well as institutional deficiency of combining theory and our country's situation, banking supervision from the perfect and complete legal regulations against the two aspects of "Fake mortgage" risk system related Suggestions.The result of this paper is the one house in China:define the attribute and legal relationship mortgage, clearly mortgage is a special kind of real estate mortgage. "Fake mortgage" characteristics of through theory and practice summarizes and make more comprehensive analysis. For "Fake mortgage" means of expression when reviewing form from the bank Angle and real estate developers Angle element analysis concluded.The result of this paper aimed at no.2:"Fake mortgage" problems, from closely combining the practice of commercial operation flow, deeply analyzes the formation of "Fake mortgage" reason and risk prevention, aiming at China "Fakemortgage" risk law and problems, this paper puts forward with strong prevention measures, improve operational prevent commodity house "Fake mortgage" related regulations. |
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