Legal Prevention And Control Of China’s Real Estate Credit Risk

Unprecedented macro-control policies are enforced in2010and2011.The intensive, methods, strict, measures are rare in the history of China’s real estate development course, and even the world of real estate development. This regulation have also brought a significant risk to commercial banks, real estate credit, formed a very close symbiotic relationship between China’s real estate industry and bank credit, real estate is more dependent on bank credit. When the real estate the basic focus of the entire industry and all aspects of financing in the bank, it is easy to make the real estate industry a high degree of transfer risk to commercial banks.The focus of this paper is the government’s macro-control credit risk of commercial banks, real estate, and system causes of this risk, the conduction mechanism, the specific type and how the perfection of the legal system through the prevention and control. This theory to analyze the specific macro-control policies would be commercial banks, real estate credit what risks and how to improve laws to prevent and control these risks. Practice can help provide for the assessment of the commercial banks real estate credit risk can also be able to recognize that the policy may be the risks to the financial industry executive in charge of the gate in the development of real estate macro-control policies, and thus favorable to its specified policy accuracy.The so-called real estate credit risk, is refers to the management real estate credit operation the financial organ in the operative activity process, because its decision error, the ill management either the objective environmental variation and so on some unforeseen element of certainty’s influence, causes its property, the income or the real return and anticipated produces the deviation, thus suffers the economic loss or the gain extraneous income possibility.Our country’s real estate credit risk divides into the non-legal risk and the legal risk, the legal risk in the financial legal system system quite perfect country not very prominent, on the contrary still imperfect or the existence many flaw’s countries was actually common in the related legal system, the consequence which created is also very serious. It originates from legal regime’s flaw, the root lies in legislator’s in overall benefit weight imbalance microscopically. Mainly includes: First, false mortgage legal risk. False mortgage and real normal mortgage legal act relative, generally is signs the buying homes contract by the property development enterprise by the company interior staff or his/her relative’s name with, and obtains by illegal purchase the mortgage loan by this false buying homes contract from the bank; Or although buys homes the human to have the real buying homes intention, but actually empty increases the house price in the buying homes contract or empty increases the area, by obtains more loans from the bank the behaviors. Second, mortgage hypothesis invalid law risk. Sign which, mortgage hypothesis’s aspects and so on procedure sets up including the mortgage bring the risk. Third, the mortgage is unable the legal risk which first receives recompenses. Although the real estate mortgage sets up effectively, but because in the identical real estate has other rights but has the conflict with the bank mortgage, causes the bank the mortgage to lose completely or the part first receives recompenses the potency, thus to bank credit property constitution risk. Fourth, the mortgage implements with difficulty legal risk.The national epicycle macroeconomic regulation and control measure is only the real estate credit risk catalyst or magnifying glass, it forms the basic reason was still our country has the big flaw in the prevention and control real estate credit risk legal regime.First, financial legal system lag. Our country finance legal regime’s lag both has limited the real estate enterprise’s financing channel, and has stopped up the bank credit risk scattered way, causes the real estate market the risk to shift and to gather the bank completely.Second, drafts the letter system to be short. Our country drafted the letter system not to consummate intensified the lending money both sides information asymmetrical aspect, and caused the real estate credit risk to guard against even more with difficulty and to control.Third, controls from the inside the mechanism to be weak. Our country Bank interior risk awareness downplays, the loan examination oversight, the management structure loosely, to control from the inside the system to be weak, the withdrawal mechanism deficient and so on is the subjective reason which the real estate credit risk produces and expandsFourth, the macroeconomic regulation and control policy itself has the flaw. Our country macroeconomic regulation and control policy’s flaw, like administrative leading, when the viscosity, temporary, the topicality as well as unstable and so on become the real estate credit risk the blasting fuse.Fifth, mortgage guarantee legal regime existence insufficiency. The mortgage guarantee legal regime’s insufficiency, the legislator benefit weighs the dislocation, possibly becomes urges the bank risk eruption.In view of the above system’s in flaw, we need to make the following several aspects to work reduce the credit risk:First, the consummation related finance legal regime, expands the wide real estate enterprise’s financing channel, the development real estate credit risk scattered way. The establishment real estate enterprise financing multiplication’s legal mechanism, reduces the commercial bank lending combination the risk.Second, the consummation drafts the letter law mechanism, the construction credit appraisal system, punishes the false mortgage and so on to break a promise severely the behavior, reduces the information asymmetrical harm. The formulation special drafts the letter law, drafts the letter system take the present People’s Bank as the foundation, the other organization auxiliary coordination, will be related the information to compile effectively to it, and establishes and the multi-organization information linkage mechanism.Third, the bank interior must improve the risk early warning system, the strict risk management flow, the perfect internal control measure, establishes the bank withdrawal mechanism.Fourth, the strengthened finance supervision, consummates the regulative measure. Should consummate the real estate financial system as soon as possible, strengthens the financial supervision. Increases the real estate credit finance channel, the standard real estate market system, reduces Commercial bank’s risk pressure.Fifth, the perfect real estate mortgage’s related legal regime, guaranteed that the bank first receives to the pawn recompenses the right. Including the consummation real estate mortgage’s registration system, realizes the real estate unified direct registration system; Time perfect real estate dual mortgage cis-position rules; The perfect real estate mortgage and the architectural engineering first receives recompenses the power the ordering rule; The perfect real estate mortgage implements the rule and so on.