The Study Of Land Use Right Mortgage System

In recent years, along with the land use rights reform in China continues to advance, as a land use right mortgage financing risk prevention measures are widely used, but the ensuing dispute has generated considerable mortgage. Set of land use right mortgage legal relations arising from the corresponding number of the legal consequences of China's current laws and regulations require strict regulations. At present, China's Security Law, Property Law and other basic laws and policies have a detailed specification, but by practice test work and daily life, these provisions are still imperfect, are not clear where the need to further modify and improve.We have the right to mortgage land use disputes arising point of view, emerging out of the question there are two main factors. From a macro perspective, China's land use rights transactions and mortgage markets and the rapid development of the provisions of relevant laws and regulations conflict, a reflection of China's laws and regulations lag, some provisions have not fully meet the economic and social development needs; from the microscopic point of view , China's relevant laws and regulations on land use requirements in respect of the right mortgage is too simple, legal blank areas are more a reflection of the provisions of our laws and regulations part of the one-sidedness and limitations have been seriously out of line with reality. In this paper, reality, according to the provisions of our mortgage system, combined with land use right mortgage disputes arising, analysis of the system of land use right mortgage real problem exists; demonstrate the current prohibition on the land use right mortgage feasibility, the corresponding solution countermeasure.