The Research On The Mortgage Financing Of The Right To Use The Rural Legal Problem

Homestead land use right system as a usufructuary property system with Chinese characteristics,by setting such a national system,making the majority of farmers "have a roof",to build a solid foundation of our country as a social stability of the great agricultural countries.Taking into account China's specific national conditions,in order to maintain social stability and to prevent displacement of farmers,the state homestead right to use the strict management,the law explicitly prohibits the mortgage of homestead land use rights.However,with the deepening of rural reform and the rapid development of rural economy,farmers' financing needs are growing,the law explicitly prohibits the mortgage of homestead land use rights,Makes farmers lack of effective collateral when financing,it is difficult to make full use of the existing land resources to get rid of poverty.In order to comply with the State's economic development in rural areas,to meet the financial needs of farmers,to further deepen the reform of rural land to carry out the first pilot homestead right mortgage in multiple areas.In December 2015,The twelfth National People's Congress Standing Committee decided,Authorized the State Council in 59 pilot counties(cities,districts)to temporarily adjust the implementation of the "Property Law","Guarantee Law" on the collective ownership of homestead land use rights shall not be subject to the provisions,from the "temporary" adjustment of the relevant laws can be seen,the state actively explore the legalization of the right to use homestead mortgage way to stimulate the property rights of the right to use homestead,broaden the farmers' financing channels to solve the financing problem.This paper first briefly introduces the basic theory of the right to use homestead land,such as its concept,characteristics,theoretical dispute,logical starting point and so on.On this basis,summarize and sort out the relevant legal norms of the right to use the homestead at the present stage,and comprehensively analyze the dilemma faced by the mortgage financing of the homestead use right,such as the ban on the legal level,the lack of government management,the imperfect market development and its own Bear the social security function;Thirdly,it discusses the necessity and feasibility of the right to use the homestead,and allows the homestead to use the mortgage to conform to the development trend of the modern real right concept,broaden the farmers' financing channels and realize the urban and rural integration development.The current state policy,And the reform of the social system,making the construction of the right to use the mortgage system is feasible.Finally,from the legal perfection,the realization mechanism,the supporting system construction and so on constructs the homestead use right mortgage system,has made the property value of the homestead use right fully,the majority of farmers share the fruits of reform and achieve the common prosperity.