Study On The Issue Of Rural Housing Mortgage

From the theory of civil law, the property rights of farmers' houses include the right of farmers to enjoy the possession, use, income and disposition of their houses. Therefore,farmers should enjoy the right of free sale of their houses, gifts, leases and mortgages.But in fact, the rights of farmers to their homes are not complete. Due to the lack of property for farmers to mortgage, a direct result of financing difficulties, and then limited agricultural development, restricting the new rural construction and urban and rural development.In view of this, this paper intends to discuss the legal problems of farmers'housing mortgage from the typical example of Chengdu, Chongqing, Tongling, Wenzhou,Huzhou and Xiamen, and provide theoretical reference for the full implementation of farmers' housing property mortgage.In addition to the introduction, the full text is divided into three parts:The first part of the theoretical basis of farmers' housing mortgage analysis and analysis, through three theoretical dimensions. This paper explores the effective ways to realize the maximum economic benefit of the peasants' property rights within the existing legal framework, starting from the theory of separation of ownership rights and widening the applicable channels of the right to use homestead in homestead ownership. From the theory of equality of property rights protection, the property of the state ownership and the ownership of the rural collective ownership are all the land ownership, and the principle of "same land,same price and same right" should be practiced. From the theory of urban and rural economic and social development integration, carry out rural housing mortgage can promote the efficient flow of capital in the financial field, stimulate the rural housing market potential, and promote the formation of urban and rural economic structure.The second part discusses the setting of farmers' housing mortgage. This article argues that there is no need to require the mortgagor to have a stable domicile after the mortgage has been fulfilled and to allow the mortgagor to fulfill the right of the homestead after failing to pay the debt. Application, and the mortgagee should be limited to state-owned commercial banks to reduce financial risk. This is affirmed as to whether the mortgagor can set a mortgage guarantee for the third party's debt. On the issue of the definition of the subject matter of the subject matter, the academic claim that the"separation of premises" and "the same place," said the future, the former can cleverly solve the problem of the two main subject matter inconsistency, which can protect the new owner of the house to enjoy the full power,This article in favor of "premises consistent" said. In the establishment of the conditions of the housing mortgage, without the consent of the collective economic organizations, the record can be.The third part of the study of the realization of the housing mortgage of farmers.This article advocates the realization of the abolition of the abatement of the implementation of the way to sell, sell, discount three ways, in which the way to achieve the right to mortgage mortgage, farmers can be relaxed when the mortgage to achieve the scope of the transferee. The assignee is subject to a limited degree of expiry of the assignee's entitlement, while giving the collective economic organization and its members the right of first refusal. Where the right to use a homestead at the time of disposal of the collateral, a new type of treatment that is different from the mortgage of a commercial house can be explored under the principle of "premises consistency", and the owner of the new house other than the collective economic organization is presumed to have the right of lease to the homestead. When the disposal of the collateral, the resettlement of the farmers' housing, the way of disposition of money and the way of physical resettlement.