Research On Legal Issues Of Mortgage Of Farmers' Housing Property Rights

At the present stage,the main contradiction in our society is the contradiction between people's growing need for a better life and the insufficient imbalance of development.In the countryside,it is manifested in the contradiction between peasants' need for a better life and the inadequate use of rural housing and homestead resources.On the one hand,with the rapid development of agricultural economy,farmers can not expand their production scale and carry out agricultural construction without the support of funds.There are problems of lack of collateral or low value of collateral in mortgage loans,thus blocking the channels of farmers' own development.On the other hand,with the acceleration of the process of urban-rural integration,farmers work and live in cities,but there are still idle houses and homesteads in rural areas,thus formin g the phenomenon of "hollow village",while farmers want to reduce the cost of urban life,but they are limited by the legal norms on the right to use homestead.Based on the urgency of the lack of financing channels for property rights,the State Council issued Guiding Opinions on the Pilot Project of Rural Contracted Land Management Right and Mortgage Loan for Farmers' Housing Property Rights(hereinafter referred to as "Opinions")[1] and the Interim Measures for Mortgage Financing of Farmers' Housing Property Rights(hereinafter referred to as "Measures"),which are formulated by six ministries and commissions.Principle provisions have been made on the object,mortgage conditions,disposal mechanism and risk compensation,allowing pilot areas to conduct pilot exploration in accordance with the actual situation in the region.Firstly,this paper briefly introduces the basic theory of the mortgage of farmers' housing property rights,such as its concept,characteristics and theoretical basis.On this basis,it summarizes and combs the relevant laws and policies of the mortgage of farmers' housing property rights at the present stage,and comprehensively and systematically analyses the difficulties they face in the process of mortgage financing,such as the va gueness of the legal level,the limited scope of the transferee of mortgaged property,etc.There are some problems in the way of guarantee,such as single rigidity,difficult disposal of mortgage,etc.Then,combined with the legal problems in the operation of the pilot areas,corresponding legal countermeasures are put forward to provide reference for the development of mortgage value.Firstly,combined with the current national policy and the reform of pilot practice in various places,this paper argues that we should adhere to the principle of " Integration Of Real Estate " [2]04-35-37,and insist that the mortgage of the right to use residential land should be mortgaged and transferred with the mortgage of housing.Secondly,we should pay attention to th e non-collective economic organization members(especially the rural households in the pilot counties(cities and districts)who enter the collective economic organization after the mortgage of housing and land together.We should make a plan and design on the ownership of the right to use the housing land,the charging standard,the period of use and how the members of the collective economic organization should survive after losing the right to use the housing land.Finally,the introduction of compulsory management and government storage center mechanism to alleviate the problem of collateral disposal is proposed,and the improvement of risk sharing system is proposed to draw lessons from the "counter-guarantee" model to enrich the form of guarantee.It lays a solid practical foundation for the integration of the mortgage of farmers' housing property rights into the reform of the homestead system,promotes the mortgage of farmers' housing property rights to become a key link in the reform of the homestead s ystem,gives full play to the economic value of farmers' housing property rights,moderately liberalizes the right to use the homestead and the ownership of rural houses,and realizes the sharing of the reform results among farmers.