Legal Reflection On The Reverse Mortgage System In China

Since 21 century,population aging has become the problem that the whole world needs to face.Unlike developed countries,China is an aging society in which the economy is not very developed,and its population base is huge.The family planning policy implemented in our country in early years makes empty nest old man a general situation in our country.However,the social security system of our country is not perfect,our country is facing more serious pension problems than the European and American countries.In the present environment of our country,it is of great practical and theoretical significance to carry out the research on the reverse mortgage.In the western developed countries,for many years,the reverse mortgage has been an important supplement to the income of the elderly.For the elderly,especially those with independent property rights,this is a good solution to the pension problem.The experience of the developed countries shows that the reverse mortgage is an effective form of social security.Mortgage the property right of the financial institution that makes the loan.Before death,the elderly can continue to live in the property.At the same time,the financial institution that makes the loan,after valuing the property according to the market rate,evaluates the property according to the valuation.The price makes regular cash payments to the elderly.When the old man dies or other contractual circumstances occur,the financial institution that makes the loan acquires the property right,and eventually converts the property into cash to supplement the cash paid by the financial institution.At present,with the acceleration of aging in China,the pension problem of the elderly is becoming more and more serious.The increasingly severe pension dilemma in China has promoted the emergence of reverse mortgage in China.The development of reverse mortgage is helpful to alleviate the pension problem of a large number of poor elderly population in China.However,the reverse mortgage was born in the United States.Therefore,it is very important to surmount the obstacle of legal system and make it Chinese and characteristic,which will inevitably meet a lot of obstacles.How to eliminate the obstacle is an important prerequisite for China to smoothly carry out the reverse mortgage.This article will take this as the breakthrough point,first carries on the analysis to the reverse mortgage basic theory connotation,then has carried on the discussion to the overseas implementation reverse mortgage present situation and the experience.Taking the experience of the United States and the United Kingdom in the development of reverse mortgage as an example,the essence of the mortgage is taken away from the dross.The third part mainly studies the current situation of the implementation of the reverse mortgage system in China.Finally,the author focuses on the legalcountermeasures to solve the dilemma of the reverse mortgage system,hoping to carry out this new policy smoothly in our country.I hope to contribute to our successful development of this new way of providing for the aged.