| This paper analyzes the choke point and policy opportunities of mortgage in rural areas on the basis of its current situation and existing problems, making a scientific definition and explanation about the concept of mortgage/hypothecated loan of ’Two Rights And One House’ and its legal restraint, after several document researches about mortgage loan of rural land contractual management right, of rural housing as well as the pledge loans of shares in economic cooperation. This paper also discusses the mortgage terms and conditions of rural assets in three levels, namely, the necessity objective basis of the ownership in rural assets mortgage, its external driving force, and the internalization of profit. Besides, it demonstrates the feasibility of mortgage/hypothecated loan of ’Two Rights And One House’ from the perspective of national policy, economic environment and social security conditions of countryside. With regard to the system of mortgage/hypothecated loan of ’Two Rights And One House’, the author illustrates with its policy system and supporting measures. Thus, the specific operation methods of rural mortgage/hypothecated loan of ’Two Rights And One House’ is vividly shown by a series of flow diagrams. What’s more, the author makes a summary of the related practice adopted by the lending agency and government departments in carrying out the mortgage/hypothecated loan of ’Two Rights And One House’ as well as its guiding significance. By virtue of the cooperation between various functional departments and every sub-district offices, the four aspects——verification of prospective borrowers, innovation of certificate handling, optimization of services, and its effectiveness are vividly shown by digital numbers.The experience of rural mortgage/hypothecated loan of ’Two Rights And One House’ can be divided into two parts. One is solving the illegal problems, another is making preparations for risks. We can draw lessons from the following three aspects.To name but a few, doing a good job of policy advocacy about the farmers’ property rights, coordinating well with the villagers committee, enhancing the supervision of financing institutions.To sum up, there are mainly eight existing problems. Such as: the incomplete legislative authority of farmer’s guarantee, the missing certificate of rural housing ownership, the unsolved problems of mortgage contract’s legal effect, the imperfection of loans and related security system, the intractability in mortgaged property assessment and its treatment, the shortage of relevant safeguard mechanism, the singleness of financial institutions, and great risks in mortgage loan. In the end, we can come to a conclusion that more and more innovation initiatives must be pushed out nationwide to vitalize the sleeping assets in rural areas. The paper puts forward seven suggestions in innovative perfection of legal policy, building specialized protection agency and establishing protective institution and mechanism, simplifying the loan process, creating the disposal of pawn and the establishment of credit network and farmer regulation system. It is easily to see that mortgage loan of rural assets appears only when it reaches certain threshold value. The ownership created by the government is in line with the external conditions of mortgage loan, which effectively reducing the redit and legal risks with the help of the risk compensation mechanism made by government. Meanwhile, it forms effective incentive mechanism for the rural banking institutions as rural credit cooperative. |
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