| The homestead is land a farmer with certain identity from the rural collective organizations free to obtain, is the production of basic living security. On the homestead property is the farmer 's own family property which value is the greatest part of. Land right belong to usufructuary right. With the development of social economy, especially the rural population mobility, rural residential land use status present vacancy rate rise trend. In order to obey law of value orientation in the market economy environment, the farmer begins to pay close attention to find its own value of the property. Under the current legal system, the homestead right use only in limited range, with the peasants of their property right is formed between the conflict.This paper from China's current land and land property transfer the status, analysis on farmer owned real estate transfer phenomenon, our country curtilage base management system and the homestead property transfer legal basis of contradiction. The author of the civil law system the principle of equality, freedom principle, efficiency principle as the theoretical points, to land and land property transfer status as background, discusses should permit and support farmers to own real estate mortgage, transfer, make a farmer to seek the real estate property value, to adapt the market economy rules desire. In the demonstration process, the author with the superficies system characteristics, discusses the system draw lessons from a meaning; in recent years the province to the farmer curtilage base on real estate mortgage pilot phenomenon as the basis, for the homestead on the possibility and feasibility of real estate mortgage. The author thinks, country curtilage base on real estate mortgage system from the mortgage contract, the homestead on real estate mortgage registration, the homestead on real estate mortgage evaluation focused on the construction.In the last part of the article, the author put forward to homestead on mortgage system construction and legal risk prevention recommendations, including the entity law legislation, the superficies system draw lessons from, the homestead on the mortgage market, build and perfect the rural homestead on the mortgage registration system, and the homestead on real estate mortgage assets evaluation. The author puts forward on the homestead in rural area real estate mortgage transfer system before the construction, can take the transitional measures, such as local circulation and the realization of mortgage repayment time limit, to stage measures to ensure rural collective interests; put forward to give priority to resolve disputes mediation and safeguard farmer lives basically the idea. Country curtilage base on real estate mortgage transfer system and implementation of the construction, in line with market economic environment the farmer benefit demand, adapt to the farmers to own property value seeking intention, and the system of our country land and use rights have an important guiding role. |
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