Research On The Legal Issues Of Housing Reverse Mortgage System

Population aging,like global warming,will be a common challenge for all mankind.With the passage of time,the medical level continues to improve,the degree of population aging will continue to improve.Compared with developed countries,China is still in the developing stage and has entered the aging society.China has a huge population base,and the long-term implementation of the family planning policy makes the number of "empty-nesters" in China will show qualitative changes in the future.The country's "getting old before getting rich" makes it a great challenge to solve the problem of providing for the aged by relying only on the relatively simple and imperfect social security system.Learning from the international community to solve the problem of aging society,continue to deepen the market-oriented operation of the housing reverse mortgage system in China,broaden the operation mode of the system in China,and actively change the relatively single national pension security system based on redistribution.In view of the fact that the practical effect of exploring the reverse mortgage loan in China is not ideal,the relevant legal system and supporting measures have not been modified to meet the needs of the pilot,the conflict between the reverse mortgage loan system and the legal system has become a huge obstacle to the further development of the system in China.Therefore,taking solving legal problems as the starting point,carrying out further research on the housing reverse mortgage system will be of great theoretical and practical significance for how to establish a more comprehensive and more comprehensive pension security system.Firstly,the paper introduces the concept of reverse mortgage loan,then,it expounds the legal features of reverse mortgage loan and the distinction between it and similar concepts,so as to have a more clear definition of the concept.Then,based on the aging trend of China's population serious,the lack of social security fund reserves,the increasing number of private real estate and other specific conditions,this paper discusses the necessity and feasibility of the development of housing reverse mortgage loans.Secondly,this paper introduces the development process of house-for-pension in China,analyzes its basic model and reasons for failure,and summarizes the experience to draw inspiration.Thirdly,based on the enlightenment of China's current relevant laws and regulations and the previous development process,through thinking about the conditions required for the establishment and development of housing reverse mortgage loan,it is concluded that the development of this business is restricted by a series of legal problems,such as "real right statutory",prohibition of liquid clauses,and restricted circulation of housing property rights.Finally,in view of the above legal obstacles and drawing on the excellent experience of mature countries in the development of housing reverse mortgage business,specific legal measures such as formulating special laws and regulations,improving the registration and circulation of housing property rights,as well as other relevant supporting measures such as the government providing credit guarantee and forced reinsurance of financial institutions were proposed.