Research On Relationshipsof Agreement On The Determination Of The Nature Of The Legal Relationship Of The Housing Mortgage

In this paper,the so-called "Housing mortgage" legal relationship refers to the parties establish the legal relationship between the private lending and signed a business contract,agreed on the requirement of validity of the business contract in the "loan contract".At the theoretical level,the discussion about the nature of the " business contract " and the nature of the legal relationship in the legal relationship has never stopped.At the legislative level,although the law involves in the legal problems of a wide range of fields,but the real for the problem of legislation is only subject to the twenty-fourth provisions of “ provisions of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases involving private lending ”,which obviously cannot be involved in various factors of the legal issues all covered.In trial practice,the legal relationship is very common,but because of the absence of law,involving the referee standards are not uniform and in the process of involving different factors,resulting in various courts judge results being quite different,even in the presence of contradictory judgments.This article procees with the two contradictions in the case of the results,through the analysis of the results of the referee,combined with the principle of civil law,on the one hand to gradually clarify the influence factors of the results of the legal relationship,to explore the process of argumentation reasonably,to seek a more reasonable decision and to expect playing a great role in the practice of trial work.On the other hand,distinguishing by comparison with similar legal systems,such as liquid,the system of prohibition of untypical guarantee system,I try to analysis of the " Housing mortgage" nature of the legal relationship and legal consequences,to seek more rigorous reasoning process research,more accurate identification of the nature.This paper is divided into five parts,the first,and the two part introduce the case of "Zhu Junfang",and the case of"Yang Weipeng,the focus of controversy and the different reasons for judgment and classification;the third part analys the existing judgments and reasons for judgment,to explore the rationality and deficiency of each referee;the fourth part through the contrast explore the legal nature of the legal issues;the fifth part focuses on analyzing the influence factors of this legal relation judgment and introduces the different legal consequences of various factors.