The Research Of Reverse Mortgage Legal Mechanism In China

With the arrival of an Old-Aging society, pension has become a topic of increasing concern to society in China. China is an "old before getting rich" country, and the unsound of social pension system is a huge problem which is rising proportion of aging population has to face to. In this case, searching for new approach to pension, implement the concept creation of pension method and institution innovation is very necessary. Reverse mortgage system offers a choice for the needs, in other words,advance the realization of elderly's houses for pension without bring any influence of living in the rest of their lifetime, this is a new "to the Housing Endowment" model.The implementation of the reverse mortgage, on reducing pension burden, improve quality of life of senior citizens in retirement; on the activation of the real estate market, and promote the formation of new economic growth points; on the rational allocation of available resources to promote maximum efficiency goals ; on the reform of family wealth, the traditional concept of intergenerational transmission, the establishment of market economy development between the family members are of great significance and value realization.This thesis is divided into four parts:Part 1 introduces the connotation of reverse mortgage loans and basic content. Briefly describes the content of the reverse mortgage, features, compared with the related concepts, history and country-specific mode of presentation, from which sum up the development of reverse mortgage laws in different countries learn from the experience of this.Part 2 elaborate the development of reverse mortgage, and then analysis the elements that restrict its implementation in our country. This part describes the status of reverse mortgages, reverse mortgages come in many obstacles facing the development of China's conclusions on these barriers to the market environment, consumers, financial institutions and government four specific aspects of the analysis, I hope can be targeted, targeted research and solve specific problems.Part 3 is a consideration about necessity and feasibility of the implementation of reverse mortgages in China, and it is based on our national conditions. By way of legal research methods, react on serious aging situation in the society; alleviate the poverty in urban elderly; family pension relief and the pressure of pension, demonstrate the need for implementation of reverse mortgages in China. Reverse mortgage loans in China is mainly reflected in market demand, and the increasing maturity of the economic environment is also a catalyst for the development of reverse mortgages in China, then the second part of the specific to the issues raised countermeasure analysis, from the economic development, ideas, risk prevention and the Government to protect the four aspects of the reverse mortgage the feasibility analysis.Part 4 is based on the previous essay to study the operation of the reverse mortgage legal issues arising. From the reverse mortgage market players, market access, conflict of laws existing in the running and protection, government intervention perspective of the legal relationship between the reverse mortgage eligibility of Parties in the modalities of participation and agency , lending institutions in the market access program. Finally, from the perspective of government intervention, drawing on the U.S. government reverse mortgages in effect on the business of running our government in the role, and stressed the importance of supervision.