On The Pledge System Of Real Estate Income Rights

With the development of national infrastructure project and produce a large number of financing needs,prompting each big financial institutions to constantly explore new train of thought to seek to cater to the demand,expand its scope of business.In this context,infrastructure,real estate usufruct of a class is used to the pledged collateral mark began to rise in the financial sector.But now we mentioned the real estate usufruct right of the pledge is not confined to the infrastructure,real estate usufruct,its extension scope is expanding constantly in the process of practice development,but not at the legislative level timely response to the trend of development,for the development of real estate usufruct system of providing enough support.In September 2000,the supreme people's court adopted the"security law explanation",explain the article ninety-seven in the form of list for the first time confirmed the effectiveness of several real estate usufruct mortgage,in recent years,for the financing of real estate usufruct scope extended continuously,in addition to the judicial interpretation road Bridges,road tunnels of involving the public welfare of public real estate infrastructure such as pledge,quite a number of civil real estate usufruct mortgage also entered the financing,such as office or shop lease pledge.From the theoretical level,the guarantee system of the pledge is a new model of real estate profit,from the perspective of the practice development it is a new type of financial business banking industry.Compared with traditional theory of the pledged property,support compare deficient,practice is more chaotic,so it is necessary to real estate usufruct mortgage series of problems such as the concept,legal nature carries on the discussion and research,in theory clarify with related concept limits,similar to provide solid theoretical basis for practice,effective guidance in the practice of deepening development of the system.This paper is divided into four parts,the first from defining the concept of real estate usufruct mortgage,it deeply,this paper discusses the nature of the real estate usufruct,and as a new type of special property rights,with respect to its theoretical controversy on the comb from different points of view.Second,through to the parts of our country is trying to analysis the situation of the real estate usufruct mortgage practice can find related files regulation about the system are not perfect,the legal effect level is low,the publication of the pledged collateral,there are insufficient to achieve,to be perfect.Then,through to the United States,France,Japan and other countries inspection of the similar system comparing with the relevant investigation,compares the similarities and differences between related pledge system at home and abroad,and through their experience widen visual field of theory research in China,to see that our country needs to be improved by means of comparison and analysis.Finally,based on the analysis of the two aspects of theory and practice,summed up the current risk of the system,puts forward ideas of his system.Sincerely hope this paper can promote our country real estate usufruct mortgage theory research to contribute.