A Study On The Mortgage Of Peasant Housing Property Right

With the development of the rural economy to scale and intensive,farmers have more and more demand for funds,to farmers and occupied housing within the scope of Homestead Land use right mortgage financing is the effective way to expand the supply of rural financial channels,to crack the problem of shortage of funds of rural.However,according to China's current laws and regulations,farmers can not use their house and house land use rights for mortgage financing,which seriously hindered the development of rural economy.To this end,To this end,in 2016 the Ministry of Finance and other six ministries issued a "farmers housing property mortgage loans pilot Interim Measures",To suspend the implementation of the property law on land use right mortgage is not stipulated in the pilot areas,allowing the pilot areas farmers housing property right to use the housing ownership and land for the content of mortgage financing,and farmers housing property mortgage loans,loan management,risk compensation,supporting measures,pilot monitoring and evaluation and other aspects to make specific provisions,provides a strong policy support for the pilot area farmers housing property mortgage.At present,the farmers housing property mortgage loans in the pilot area has been pushed wide,but also need to look at other measures to follow up from the practice,some of the provisions of the "Interim Measures" in the actual implementation also shows that the mortgagor and mortgagee and other farmers housing mortgage conditions are too harsh restrictions and other issues.In this paper,through the analysis of the farmers housing property mortgage difficulties and put forward their own proposals for the farmers housing property mortgage loans.This paper mainly has the following four parts:The first part is an overview of the housing property rights of farmers.First of all,this paper introduces two different views on the concept of farmers' housing property right in the theoretical circle,and then analyzes the characteristics of the property rights of farmers' housing property.The second part discusses the current laws and regulations on the farmers housing property mortgage provisions and theoretical circles for theoretical differences between the farmers housing property mortgage,namely farmers housing property mortgage should be mortgaged land use right.The third part,through summing up the farmers housing property mortgage has been carried out in the pilot area,pointed out that China's farmers housing property mortgage financing system facing the difficulties,problems for the mortgage conditions are too restrictive and difficult to dispose of collateral and related supporting measures are not perfect etc..The fourth part,the author analyzes the establishment of peasant housing property mortgage system,and to improve our farmers housing property mortgage to put forward their own proposals:first,to accelerate the farmers housing property right registration;secondly,to take a variety of ways to loosen the mortgage conditions;thirdly,through mandatory management,expand the the scope of a variety of ways to ensure the realization of mortgage right;finally,to improve the farmers housing value assessment,risk burden mechanism and perfecting rural social security system and other supporting measures.