| The commercial housing mortgage refers to commercial housing property buyersunwilling or unable to pay a one-time full mortgage and loan from the bank to pay, and thepurchase of commercial housing guarantee behavior.Mainland of China’s housing mortgagebusiness is the last century80’s from Hongkong through the southeast foreland incoming.Inrecent years, as China’s real estate market is very popular, commercial housing mortgagebusiness development.In the sale of commercial housing mortgage loans, loan propertybuyers has become the preferred method of payment, became the bank is the most acceptable,widely applicable loans secured by.Despite the "mortgage" appellation and its operation modein China’s mainland affairs is widely used, but the mortgage in national law and nationalauthorities issued commercial housing sales contracts, are not formally recognized and clearlydefined.At present, the mainland of our country real estate market rapid development drivesthe commercial housing mortgage loan in commercial bank loans increased ceaselessly in theproportion, the merchandise building mortgage loan legal dispute is ceaseless also grow inquantity, but the lack of legislation making banks in dealing with all kinds of complicatedlegal affairs with bank mortgage loans, the risk of loss to climb.The bank mortgage loan riskprevention and control effect, not only affect the bank’s own cash flow and daily work, butwill affect the entire financial system and social stability.The "financial tsunami" originated inthe United States the "subprime crisis", and the United States of America "subprime crisis" isderived from the United States mortgage market in large quantities of secondary propertybuyers can not repay the loan.Thus, from a legal perspective study of China’s housingmortgage banking risk prevention and control, has important theoretical value and practicalsignificance.The first chapter of the commercial housing mortgage banks risks theoretical analysis.Theauthor firstly from the mortgage "proceed with, introduced mortgage in Anglo-American legalsystem and the meaning of Hongkong area, this paper puts forward a mortgage in our countryunique meaning.Then according to our country’s mortgage related legal provisions, combinedwith specific mortgage legal behavior, reveals the legal nature of mortgage and legalrelationship.And through the introduction of the bank risks in China the implication andfeatures, analysis of the current legal system of our country banking risks, put forward ourcountry mortgage subject behavior, the law system is not perfect, the commodity housingmarket changes may have caused the commercial housing mortgage banking risk.The second chapter closely integrated with the existing laws and regulations of China,focusing on analysis of China’s housing mortgage in the bank risk control problems: laws, insurance system is not perfect, the mortgage problems in practice.The third chapter introduces abroad in the commercial housing mortgage banking riskprevention and control experience and practice, the author puts forward to improve bank riskprevention and control law, perfect the commercial housing mortgage loan insurance law,construction of commodity housing mortgage loan securitization legal system, playgovernment is macroscopical adjusting control the positive function of the feasibility andimportance of prevention and control measures, and the perfect our country banking riskprevention measures corresponding to.The fourth chapter in China’s commercial housing mortgage in the bank risk control problems,absorb and draw lessons from the foreign advanced experience, put forward our country towant to improve bank risk prevention and control law, perfect the commercial housingmortgage loan insurance law, construction of commodity housing mortgage loansecuritization legal system, play government is macroscopical adjusting control activelyaction mode, thus consummates our country real estate mortgage bank risk the legalprevention and control. |
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