| The rural land problem is the core of China’s rural problems, but also the political and economic issues of our country. Since China’s reform and opening up, with the continuous development of market economy in our country, with the accelerating process of the construction of the urban and rural integration, our country rural economic construction has obtained certain achievement. At the same time, the existing legal system is also limits the further development of China’s rural economic development, how to give farmers more property rights, and further revitalize the rural economy is the key problem of rural construction need to be solved at present stage in our country.In terms of the characteristic of rural housing land use right system in China, it refers to the examination and approval in accordance with the law, allocated by the rural collective economic organizations to its members for housing and other related appendages, no time limit of collective land use right. Right to use rural housing land as farmers’ rights and interests of a supposed to become farmers mortgage financing is an important channel, but the existing law for the regulation of rural housing land use right transfer limits the farmer financing way, farmers rely on internal financing and agriculture to the rural credit cooperatives and rural Banks small loan financing can’t meet the needs of the current rural economic development. In order to solve this problem, the report of the 18th CPC National Congress pointed out that to give farmers more property rights, to protect the rights of members of rural collective economic organization, and actively develop rural stock cooperation, select a number of pilot projects, carefully and steadily push forward the farmers housing property mortgage, guarantee, transfer and explore for farmers to increase property income channels. Before this, in 2008, led by Chengdu city, the rural housing land use right has started in a batch of mortgage finance reform, and has obtained the remarkable result.In this paper, the author firstly introduces the concept and characteristics of the land use right, and analyzes the necessity of the establishment of mortgage system of the right to use homestead; Secondly, combining with the current legal environment, as well as parts of pilot experience, analysis of the present situation of rural housing land use right mortgage financing in how; Thirdly, detailed analysis of the relevant legal norms housing land use right, points out that China’s rural housing land use right mortgage financing system currently faced by the legal dilemma, namely law for the right to use rural homestead limit of main body, content and procedure of the lack of unified standard; At the same time, the absence of relevant supporting mechanism, such as the right to use rural housing land evaluation mechanism, the rural loan risk sharing mechanism as well as the social security system is not sound also hindered the reform of rural housing land use right mortgage financing process. In terms of countermeasures, the author combined with China’s current pilot areas for the implementation of housing land use right mortgage financing for a series of exploration, some exploratory Suggestions are put forward:first is the appropriate ease restrictions on the subject of housing land use right, expand the scope of the transfer of land use right; Secondly the land as usufructuary right should be allowed to mortgage finance independently; Again is the specification of housing land use right mortgage procedures, registration and issue of land use warrants, unified mortgage procedures and standards; Finally we need to improve and the matching value appraisal institutions, establish a risk sharing mechanism, perfect our country rural social security system, can provide a system of housing land use right mortgage financing system reform of our country level of security, so as to better safeguard the rights and interests of the broad masses of farmers. |
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