Research On The Legal Issue Of Rural Housing Mortgage Of Our Country

Rural land issues is the core issue in the rural of China, always be one of the mostcomplex economic and social problems in China. The system of rural Homestead-useRight is our unique design of the system, the mortgage of rural housing which built on topof the Homestead also has a certain degree of particularity. For a long time, because thebarriers to China’s urban-rural dual structure, making the most of the rural housing did notobtain legal ownership certificate, housing as an important property of the farmers, but cannot become negotiable use of capital, leading to the financing difficulties of farmers.Underthe context of the new urbanization, in order to ease the financing problems,we canthrough indeed the right for rural houses on collective land, and to give farmers the rightto dispose of their real estate, but it make a conflict with the existing legal system aboutHomestead-use Right.This paper based on the current rural land laws and regulations and policies toresolve the legal issues that exist in the practice of rural housing mortgage, explore ourcountry the Homestead Right and rural land into the market liquidity of the hot issuesfrom the perspective of the rural housing mortgage financing. Rural housing mortgageloans is an important part of the rural financial product development and innovation, nowaround the rural housing mortgage loans is still at the pilot stage, the specific operationwill inevitably encounter many practical problems need to be solved. This article firstsummarizes the main legal risks for rural housing mortgage, and then by demonstratingthe necessity of the current rural housing mortgage loans, then summary and analysis thepilot effect the objective, and to explore the issues of pilot practice, such as the legality ofrural housing mortgage registration, mortgaged property ownership and transfer marketissues and so on, then in-depth analysis of its causes, propose targeted, actionablesolutions, trying to put forward a sound rural housing mortgage system design, so as to standardize the process of rural housing mortgage loans, to resolve the conflict betweenthe mortgage Practice and legal texts, promote the conversion of the value of the assets ofrural housing, and effectively resolve disputes arising due to rural housing mortgage tofully protect the land rights of farmers.Build a perfect rural housing mortgage system, ensure that rural housing mortgageswork is comply with the law, protect the basic rights and interests of farmers at the sametime broaden the financing channels for farmers, fully enhance and increase their ownproperty value in a market economy, have a positive significance to promote ruraleconomic development and improve the living standards of farmers.