Research On The Legal Issues Of Mortgage On The Right To Use Of The Rural Residence Land

With the development of rural economy and the promotion of farmers' awareness of land,there is an urgent need to activate the right to use rural homestead and to exercise its property attribute of usufruct property.There exists always a large number of consensus in the theoretical circle on whether or not the mortgage of the rural homestead can be mortgaged.However,in rural social practice,although the current law forbids the right of homestead mortgage,the phenomenon of Homestead mortgage has not been reduced at all.Therefore,this paper starts from the property of usufruct right of homestead use right and reveals the outstanding contradiction between the top level design and practice.This paper is composed of the following four parts:The first part systematically introduces the theoretical problems related to the mortgage of the right to use the rural homestead,facilitating the understanding of the mortgage of the usufruct of the rural homestead.The second part analyzes the current situation of the right to use house land mortgage in rural areas in China,starting from the existing laws,regulations,policies and regulations in China,summarizes several common patterns and related comments on the development of rural homestead practice in China.The third part mainly probes into a series of key problems existing in the current rural practice of mortgage of the right to use the rural homestead in our country.The fourth part mainly discusses the way of constructing and perfecting the legal system of the right to use the rural homestead mortgage,hoping to provide the theoretical support for the mortgage of the right to use the rural homestead in the system level.In order to the rural homestead mortgage after the full opening of the standardized operation of the "escort."...