On The Protection Of Farmers' Financial Rights And Interests In Farmers' Housing Mortgage

Farmers' housing mortgage,as a financing channel for farmers to play their property rights,is closely related to their interests.There are some property interests in rural housing mortgage,including farmer' housing ownership and the right to use the homestead,due to the registration system for farmer' housing is imperfect and the excessive restrictions on right to use homestead by current law and,it is difficult to push on farmers ' housing mortgage and farmers' rights can not be effectively met.In the rural,apart from farmers' housing,there are public housing and rural enterprise rooms,the paper aims to farmers' housing.In farmers' housing mortgage,it mainly includes farmer' housing ownership and the right to use the homestead.In China,There are two different opinions in the academia between farmer housing and theright to use the homestead,"premises integrated" and "premises separated",the former can ensure the owner of the farm house is the people of the right to use the homestead and avoid a lot of problems,it is more beneficial to protect property rights and interests of farmers in the farmers' housing mortgage.The existing legislation?policies and pilot practice about the farmers' housing mortgage are conflict,and the practice of the pilot area are different.Compared to the government' financial support in Gaoling in Xi' an city,it has a greater intensity of reform and a larger breakthrough of current law in Yiwu city.There are some obstructions in the farmers ' housing mortgage,including imperfect registration of right.the prohibition of the right to use homestead mortgage?the transfer is limited just between the members of the collective organization about the right to use homestead?"one household" and other restrictive regulations in Property Law and Guarantee Law.Due to the prohibition of the right to use homestead mortgage,it make some owners of the housing can not have the right to use homestead after the hypothec being realized.The restriction of the transfer makes the business deal different,and the financial institutions are unwilling to carry out rural housing mortgage,also it is harmful to value identification of the rural housing.The "one house" principle,it also have some bad impacts on farmers' housing mortgage.Last,there are some principles and suggestions about farmers' housing mortgage.In farmers' housing mortgage,it should stick to the principles that"premises integrated"?collective ownership of land?the center of protecting farmers'rights and interests?coordinating the function of housing security and property.To protect the property rights and interests of farmers,the author proposes to amend the existing laws and solve the legal problems in the farmers' housing mortgage,including perfecting the system of registration of right?the transfer of the right to use homestead released?the compensation for the use about homestead-use?improving the farmers' housing registration system and the innovation of farmers housing mortgage service system.