Research On Realization Of Farmers' Housing Mortgage

The issue of peasants is a distinctive problem in China.The central government has always put the peasant problem on the top issue.In particular,China is currently in the economic transition period,to do the supply side reform,improve the total factor productivity.To stimulate the economic vitality of rural areas,revitalize the rural assets,capital and resources,thereby stimulating economic growth.The State Council promulgated the "State Council on the implementation of rural contracted land management rights and farmers' housing property rights mortgage pilot guidance" and "farmers housing property mortgage mortgage pilot Interim Measures" in 2015,in order to break through the existing laws for rural areas Economic development bottlenecks,improve rural resource mobility,and promote lenders(financial institutions)to provide farmers with financial support to enhance the level of rural economic development and increase farmers' property income.In this paper,the lender to achieve the mortgage as a point in time to discuss the problems encountered at this time and solve the measures,including the current law on the right to use the right to change the right to use the right to the lender to achieve the mortgage more difficult;if the lender to achieve collateral How can the excess property be distributed among the peasants? The lender should also protect the relevant rights and interests of the peasants when disposing of the collateral;the conflict and coordination of the relevant powers when the lender disposes the collateral.Due to the introduction of the pilot areas vary the way,and the results of farmers' housing property mortgage loans are not statutory public matters,coupled with limited by the author's ability to limit,so this article is mainly based on the basic theory of analysis,supplemented by the practice survey to study.This paper is divided into four parts,namely:The first part is an overview of the housing mortgage system.Firstly,the research background and the current situation of the rural mortgage system are briefly described.And then discuss the important significance of the farmers 'housing property mortgage loans,one is to revitalize rural assets,resources,capital,the development of rural economy,break through the urban and rural dual economic structure;the second is to enhance the farmers' property income and improve the lives of farmers.Finally,the paper puts forward the plight of the lender in the realization of the mortgage: First,based on the principle of "premises and one",the right to use the homestead should be mortgaged and disposed of with the peasant housing,but the transfer of the right to use the homestead Strict restrictions on the law.Second,when the lender realizes the mortgage,because the farmers' housing and homestead use right is a certain welfare nature,the ownership of the recognition is not entirely in accordance with the investment that,so there are remaining benefits,their attribution should be how to identify,homestead use Who should return the proceeds of the right? Third,when the lender to achieve the mortgage,if the lessee is related to the lessee's right of first refusal.But most scholars believe that members of collective economic organizations from the legal point of view also enjoy the right of first refusal.How to reconcile this or other conflict between priority purchase rights? Fourth,in accordance with the relevant provisions of the State Council,the lender in the realization of the mortgage should be to protect the basic tenure of the borrower.But the article does not specify the provisions of the legal consequences of violations,it should be how to operate more reasonable?The second part is the analysis of the causes of the above problems.First,when the peasant mortgage housing,homestead use rights should be mortgaged,but in accordance with the provisions of the existing law,homestead use rights are strictly restricted circulation,resulting in the scope of the assignee is too narrow,the lender is difficult to achieve the mortgage The Second,because the farmers' housing and homestead use rights are certain benefits and identities,so in determining the remaining benefits need to consider the interests of others in the family.Third,the tenant's priority to purchase the right is provided by law,and homestead use rights of the right of first refusal is obtained through legal reasoning,there are still controversial.Fourth,the legal consequences of the current breach of contract for farmers or financial institutions have not yet been related to the interpretation and practical experience,for farmers to conceal the existence of other long-term stable living places and the effectiveness of loans is still controversial.The third part is about the solution to the above problem.I believe that the first can by respect for the parties to the autonomy of meaning,to expand the scope of the right to use homestead will not be difficult for the lender to achieve the right to mortgage.Second,the realization of the mortgage,the distribution of excess benefits due to the registration of immovable property registration principle,under special circumstances to protect others;in addition to the right to use the right to transfer the right to use the borrower should be more reasonable.Once again,from the maintenance of property stability in order to give priority to the protection of the interests of the lessee for the general principles,if necessary,for example,for the public interest or collective interests when the right to other rights and interests of the right to purchase more priority.Finally,the government can set up a risk fund to subsidize the borrower's rental costs or allow the relevant agencies to repay the borrower's free short rent to protect the basic living rights of the borrower.The fourth part is the conclusion,is the author of the contents of the review and summary.