The Legal Problem Research Over The Mortgage Of Rural House

Farmers housing refers to the individually-owned property belong to farmers which builds on collective land.But for a long time,the rural houses did not like urban housing,that can free flow in the trading market.The main reason is the limitation of our current legislation,especially he limitation for the right to use house.It leads to our rural housing hard to trade and free flow in the market.And also it makes the house just only the farmers "static" of assets,can't play the effect of its financing income.But along with the advancement of work in the rural reform in our country,peasants' demand for its housing mortgage loans increased.after the third plenary session of the eighteenth central committee,Policy of our country points to the rural areas,to increase the farmers' property income,and puts forward the safety carefully promote the housing mortgage,guarantee,and transfer of property rights of farmers.In this paper,starting from the current policy in China,under the background of the housing property rights mortgage pilot,the farmer housing property rights mortgage the research on the legal issues involved.The full text is divided into four parts:The first part is mainly about the related issues of the farmers' housing property mortgage.The first is the main content of China's rural housing system formed.First of all,the system of rural housing is a reflection of rural residency,and is also the legal protection content which related to their homes and land rights.The examining about its historical evolution is to do a analysis for the rural housing system formation of the historical background and environment,and compared with current development background.The second content is our country about the rural housing mortgage policy guidance.The second part is mainly about the implementation difficulties facing farmers housing property rights mortgage to sort,both in the legal provisions,and also in the system level.The third part's main content is that from comparison with other country and the theoretical level to analyze the basic theory of property rights for farmers housing mortgage.The fourth part is the suggestions about the farmers housing mortgage.