Research On Rural Residents Of Housing Mortgage

Rural residents housing built in rural collective economic organizations belong to individual farmers. For a long time, most of famers put a large part of their production and operation income into housing construction. Rural residents housing have become their owed and manipulative economic resources. With the development of urban and rural integration process, the rural economy have some problems, such as the shortage of funds and the financing problem of rural economic development, which become the main reason of restricting the development of rural economy and the increasing of farmers’ income. On the one hand, rural residents of the housing mortgage don’t get greater political commitment because of collective land transfer restrictions of the law; on the other hand, many farmers mortgage private housing under the counter in order to get rich, which cause many legal and social questions. many cities has started to the pilot work of mortgage of rural residents and achieved some results, such as Shandong Laiwu, Zhejiang Wenzhou and Tiantai and Chongqing city.This paper mainly based on the characteristics of rural residents of housing itself, analyzing the related legal problems of rural residents housing mortgage and the reality and necessity of the housing mortgage, putting forward a theory of the mortgage of rural residents obstacles, proposing the establishment of mortgage housing residents rural advice with the theory of overseas experience.The main content of this paper is divided into four chapters:The first chapter defines the concept and characteristics of China’s rural residents of housing. It tells the difference between rural resident housing and urban resident housing, analyzing the legitimacy and the necessity of relevant legal issues of house mortgage.The second chapter mainly discusses the legal issues including the transference about rural land, the principle of real estate integrated and urban resident can be the owner of rural housing.The third chapter mainly discusses the explore solutions of rural mortgage, which from two aspects of real estate and statutory tenancy rights.The fourth chapter put forward specific proposals to build housing mortgage system. Firstly, following the current land system, which adhere to uphold the principles of the interests of farmers and protect arable land. Secondly, set up registration legal system of property rights of rural residents. Thirdly, set up rural residents housing mortgage right. Fourth, set up the system of statutory tenancy rights in rural land. Finally, set the mortgage rights of rural residents, and suggestions to improve the relevant system, such as the value assessment system, social security system, credit evaluation mechanism.