Rural Housing Mortgage System Research

As one of the people's livelihood projects,rural housing mortgage is related to the stability and development of rural society in china.For a long time,China's rural areas lag behind,economic development is slow,in the final analysis is the lack of development funds,and the lack of funds is an important reason for the lack of financing collateral.As we all know,housing is the property of the vast number of farmers,but China's long-term implementation of the principle of consistent housing,the current law is also clear homestead right to use can not be secured,the objective of limiting the rural housing mortgage.At present,the policy requirements carefully and steadily push forward the farmers housing property mortgage ",the country is also related legal issues and pilot study of rural housing mortgage,provide a theoretical and practical significance for the construction of a reasonable system of intellectual support.The first chapter of this paper analyzes the current situation and difficulties of rural housing mortgage.A review of the relevant laws of our country,the national policy research breakthrough to the existing law,examines the pilot local practice on rural housing mortgage,rural housing mortgage law existing obstacles,rural housing certification rate problems,the realization of the right of rural housing mortgage and housing value assessment mechanism is not difficult perfect and other major problems.The second chapter demonstrates the necessity and feasibility of the application of the principle of the separation of land and land to rural housing mortgage.The necessity is: to promote the development of rural economy,farmers to reduce financing costs,save in the circulation of rural resources;feasibility is: real separation of rural housing mortgage under the principle of legality,realistic foundation,can be integrated into the system of civil rights.The third chapter studies the special problems of the rural housing mortgage system under the principle of the separation of thereal estate,including the main body of the rural housing mortgage,the conditions of establishment and the realization of the mortgage.The main body of the mortgagor refers to the debtor himself or the third person,the mortgagee refers to legal persons,individuals or other organizations,rather than limited to the special financial institutions.The conditions for the establishment of the establishment of the establishment of the rural housing mortgage registration authority,the need for collective economic organizations do not agree on the use of mortgage financing is not limited.The methods of realizing the hypothec in addition to auction,sale,discount,also can adopt compulsory management mode;the disposal of rural housing collateral transferee can break through the members of the collective economic organization,to expand the market subject;after the implementation of the rural housing mortgage,with the presumption of(legal)lease is the best way to solve the rural housing and land use right relationship.The fourth chapter puts forward the rural housing mortgage system,think that the construction of the rural housing mortgage system in civil law real right in real estate with more in line with the principle of separation of the status quo of China's rural areas;in a unified property registration law for registration under the design of rural housing registration rules do not move;improve the rural housing assessment mechanism by introducing the third party evaluation mechanism,to simplify the assessment procedure.