Study The Problem On Mortgage Of The Right To Use Rural Homestead

Three Rural issues have been the focus of our country, when the homestead is established at first, it has been carrying the function to protect farmers’ lives. As China’s market economy develops, in order to solve the financing problem, farmers began to trade secretly, the phenomenon of the mortgage of the right to use homestead has become more and more. However, the existing laws have strict restrictions on the mortgage of the right to use rural homestead, some laws even forbid people to mortgage the right to use rural homestead, so that homestead invisible market and speculation began to appear, which seriously affected the optimization of rural land and the housing resources,and can’t do good to protect the interests of farmers. In order to resolve the current problems in the rural areas, Our country begin to carry out the pilot on the mortgage of the right to use rural homestead and the mortgage of rural housing.,and make some provision on the right to use rural homestead and the mortgage of rural housing in the relevant policy and documents. On november 12,2013," the CPC Central Committee’s decision on deepening reform of the several number of major issues," passed by the Chinese Communist Party through the Eighteenth Third Plenum,mentioned that, we must protect the usufruct of farmers homestead, reform and improve the rural homestead system, select a number of pilot projects, carefully and steadily push forward the farmers housing property mortgage, hypothecation, assignment, explore income channels of farmers to increase property. However, there is rarely someone theorists to study the mortgage of the right to use homestead systematically, except for some simple study. Therefore, There are theoretical and practical significance on the study and discussion of the system of the mortgage of the right to use rural homestead. The full text is divided into four sections:The first part, outlines the concepts and characteristics of the mortgage of the right to use rural homestead, and analysis some theory on the mortgage of rural housing, in order to understand the lelationship between the mortgage of the right to use rural homestead and the mortgage of rural housing in our country.The second part, summarizes the requirements of existing laws and policies on the mortgage of the right to use rural homestead, then make brief introduction and comment to the mode of the mortgage of the right to use homestead, finally analyzes the problem of the mortgage of the right to use rural homestead.The third part, describes scholar’s two views on the mortgage of the right to use rural homestead, and analyzes the necessity of the mortgage of the right to use rural homestead and legal policy and analyze the feasibility of the mortgage of the right to use rural homestead from four aspect.The fourth part, based on the foregoing analysis, conceives the system of the mortgage of the right to use rural homestead on the basis of the constructing of the legal system and Perfecting of some related supporting system.