The Predicament In Mortgage Financing Of "Double Land-use Rights" And Its Way Out

Through the fieldwork on the status about financing of rural areas, I found thatallowing rural residents to mortgage the usufruct of homestead and right of ruralcontracted land is the best choice to solve the dilemma that rural people are facingwith difficulties in financing. However the establishment of mortgage system of the“double land-use rights” can not be reached by only amending the existinglaws,except the barriers of law,we must overcome a series of obstacles such asunstable of the personal servitude characterized of the lang usage right itself，theinterference from the rural collective economical organization while rural residentsexercising their land-use rights,the lack of policy banks to support the rural finance，the difficulties in the rural land circulation and the obstructions that the banks or anyother financial institutions may have to face while realizing their hypothec.Thus,in order to build the mortgage system with personal servitudecharacterized of the lang usage rights we must modify the existing law this is thepremise of this system, otherwise the all the pilot on the mortgage of land-use rightunder the support of the Central Policy goes against the existing law and itslegitimacy is being questioned. To this end we must amend the existing clause whichgoes against the mortgage system with land-use rights, remove the personalservitude character of the rural land, emphasize its character as a kind of propertyand restore the essence as a kind of usufruct.And the mechanisms supporting thecirculation of rural land such as affirming and registering the land-use right,andvalue assessment mechanism should be established. Besides our government candraw on the mature rural land financial system in the foreign countries to establishthe Specific policy banks----the land bank to finance the rural residents.