Research On The Legal System Of Farmer Housing Mortgage

This paper is divided into five parts,a total of more than two thousand words:The first part is the introduction.The second part is the legislative status and theoretical dispute of the housing mortgage system in China.Firstly,the relevant legislation and current policies of the housing mortgage system for farmers in China are sorted out,and the following characteristics are summarized.Second,when the realization of the mortgage right of the farmer housing,the transferee of the mortgaged house is limited in principle to the members of the collective economic organization;Third,break through the provisions of China's property law on "prohibition of the right to use homestead as mortgaged property";Fourth,the introduction of the "homestead ownership-homestead use-secondary use" three separate rights model,for the realization of farmers housing mortgage to remove obstacles.Fifth,the mortgage disposal of peasant housing is different from that of commodity housing.The second is the dispute of the theory of peasant housing mortgage.On the question of whether peasant housing can be mortgaged property,scholars in the legal field have different opinions on this,forming the following three views: prohibition of mortgage,freedom of mortgage,and restriction of mortgage.The author thinks that the farmer,as the owner of the farm house,has the right to mortgage his house freely.At present,there are three solutions to the problem of the source of land ownership of the assignee of the house when the realization of the housing mortgage of the farmer,namely,setting up the legal easement,setting up the legal land right and setting up the legal lease right.In this paper,it is considered that the best way to solve the problem is to set up the legal lease right.The third part is the realistic predicament of our country farmer housing mortgage system.Based on summarizing and analyzing practical experience of the pilot areas in China,can be found in our country farmer housing mortgage the lack of relevant legal system,farmers in housing mortgage of austerity,farmers housing price appraisal,farmers housing mortgage implementation difficulties,farmers' default risk,risk slow-release mechanism has not been perfect practical difficulties.The fourth part is the construction of the housing mortgage system.In view of the current difficulties faced by rural housing mortgage loans,this paper will provide some Suggestions for the construction of the system of rural housing mortgage: first,modifyand improve the relevant laws and regulations of rural housing mortgage;Second,relax the qualifications of farmers housing mortgage;Third,make clear the establishment condition of farmer housing mortgage right;Fourth,we should improve the way to realize the mortgage right and the disposal mechanism of the mortgage.Fifth,perfect the relevant supporting system of farmer housing mortgage.Sixth,we will improve the risk prevention and control mechanism for rural residential mortgage loans.The fifth part is the conclusion.