Study On Mortgage Established For Rural Homestead

In recent years,The idea of invigorating the existing property in the countryside,helping the development of the countryside and ensuring the increase of farmers 'income is endless.On how to play a good role in rural homestead,how to make idle homestead become the engine of farmer's entrepreneurial income,the government and scholars are studying and exploring.In the judicial practice,the related disputes about homestead are also common,especially the question about how to exercise the rights of homestead is not only the problem of the judicial staff thinking,but also the problem of the farmers looking forward to clarity.At its 18 th meeting,on December 27,2015,the Standing Committee of the Twelfth National People's Congress decided to authorize the State Council to temporarily adjust and implement the provisions of the Law on Property Rights of the People's Republic of China and the Law on Guarantee of the People's Republic of China prohibiting collectivity owned homestead land(hereinafter referred to as homestead mortgage)in 59 pilot counties(cities and districts)and other administrative areas in Tianjin City,and conduct a pilot project on property right mortgage for farmers 'housing.By the end of the day,the term of the pilot project has expired.This paper trying to take the Inner Mongolia Autonomous region and Helinger County,one of the pilot regions,as the research basis.through the results and problems found in the process of the pilot,from the positive and negative aspects of comprehensive research and analysis,put forward some constructive suggestions for legislation.The Homestead system appeared after the founding of the people's Republic of China and was the embodiment of the superiority of the socialist system in ensuring the "homeownership".Just as some scholars think that the homestead system has a distinct social security and social welfare nature.The present situation of homestead Rights: on the one hand,there are a large number of idle homestead in rural areas;On the other hand,conflicts and disputes stand out in a small number of private homestead transactions.Idle homestead has become an important aspect of land waste.The basic reasons for restricting the utility of the property are: the lack of the property power of the homestead,the limitation of the homestead users when they dispose the attached house,the imperfection of the acquisition system of the homestead,the delay of the registration of the real estate of the homestead and the attached house.There are still many imperfections in the legislation of homestead.Whether there is a need for the existence of homestead mortgage,from the current situation of economic development,Homestead mortgage is of great significance to the construction of new socialist countryside,to the development of urban and rural integration and to the promotion of college students returning to their hometown to start their own businesses.At present,they are still facing difficulties such as thinking,institutions,laws,and so on.But from the angle of social and economic development,it is necessary to set up mortgage of homestead.Therefore,from the feasibility of the establishment of homestead mortgage,the feasibility of the realization of homestead mortgage is derived.And from the protection of homestead ownership unchanged,the establishment of homestead tenure and other aspects of the settlement of homestead mortgage obstacles,with emphasis on the current law to put forward feasible amendments.