The Research Of Legal Risk Prevention Of Commercial Banks In Housing Mortgage

The commercial housing mortgage is one kind of real estate service which domestic and foreign widely develops, which refers to commercial housing home buyers unwilling or unable to pay a one-time full mortgage and loan from the bank and buys the commercial housing hypothesis guarantee. Inland’s commercial housing mortgage service spread in the 1980s from Hong Kong by way of the southeast coast area. Since the business of commercial housing mortgage incoming mainland, the business is widely accepted by the majority of residents, has become the first choice for the majority of buyers, especially the rapid development in recent years. At present, China’s commercial housing mortgage market is growing rapidly, the proportion of commercial mortgage loans also increased, however, due to the lack of relevant legislation makes a number of legal disputes in handling commercial bank mortgage lending process faces become stretched, the risk of banks also will increases. Once the bank in risk, affecting not only the bank itself, but will affect the stability of the entire financial system and even the development of the whole society. For example, the impact of the US subprime mortgage crisis affecting the whole of the United States, and even spread to the entire world. Therefore, to do the process of bank’s risk prevention and control work is very important. From the legal point of view to study the prevention and control of bank risk has an important significance. This article through analyzing the mortgage connotation under our country current legal regime, illuminates the legal nature and the legal relationship of the mortgage; through analyzing the bank’s risk of commercial housing mortgage under current legal regime, puts forward the problems of bank risk prevention and control; through contrasting the foreign countries law and experience on bank risk prevention and control, proposes the bank risk legal prevention and control suggestion of consummating our country commercial housing mortgage.The first chapter elaborated the meaning of the commercial housing mortgage, analyzed the commercial housing mortgage’s legal nature and the legal relationship in our country. The author first obtains from the stem of mortgage, introduces the meaning of mortgage in the UK-US legal system and Hong Kong area, and put forward the unique meaning of the mortgage in our country. Then according to our country’s related mortgage legal norm, unifies the concrete mortgage legal acting, reveals the legal nature and the legal relationship of our country’s mortgage, establishes the theory base for studying our country’s law on the bank mortgage risk standard.The second chapter focusing on analysis of China’s housing mortgage in the bank risk control problems:Firstly, the author analysis the meaning of the bank’s risk and its essential features in our country, then analysis of different types of bank risks,which can produce commercial mortgage banking risks. Finally, the author focuses on the specific problem under the current legal system in China on commercial mortgage banking risk prevention.The third chapter introduces abroad in the commercial housing mortgage banking risk prevention and control experience and practice which provide some advices for our country.The fourth chapter in view of the problems existing in the bank risk prevention and control of our country commercial housing mortgage, taking example from the advanced experience and practice from overseas which suit for our country.