Research On Legal Issues Of Mortgage Of Homestead Use Rights Under The Background Of "Three Rights Separation"

In the context of the "three rights separation" of homesteads,this article takes the issue of mortgages of homestead use rights as the research direction,adopts value analysis methods,case analysis methods and other methods to analyze the mortgage of homestead use rights by citing positive and negative cases.Prohibited and permitted disputes,combined with the legal dilemma faced by the pilot reform of the mortgage of residential land use rights,put forward targeted legal suggestions.The author believes that from a practical point of view,under the concept of "three rights separation" of homesteads,we are gradually trying to allow mortgages of homestead use rights to be gradually extended to all rural areas in the country.This is the trend of land economic development.This article explores the legal dilemmas in the exploration of the right to the use of homesteads,including the legal nature of the current use of homesteads that cannot be mortgaged,the rights and interests of homeowner mortgagers cannot be guaranteed,the lack of sanctions on the right to use homesteads,and the right to use homesteads.Incomplete mortgage related legal systems and other issues.Aiming at the above legal problems,the author proposes to amend the law to explicitly allow the mortgage of the right to use the homestead,implement the legitimate rights and interests of the homeowner's right to mortgage,grant the user the right to partial disposition,and establish and improve supporting laws for the financing of the right to use the homestead.System,etc.The innovation of this article is mainly reflected in: on the one hand,through legislation to clarify that the right to use the homestead can be mortgaged,to provide legal support for handling such cases in judicial practice;The owner of the right to use the base provides legal support for exercising the mortgage.There are 57 references in this paper.