| In the 1990 s,the pre-sale system of commercial housing was introduced from Hong Kong,China to the Mainland.In the process of pre-sale of commodity housing,pre-sale commodity housing mortgages should come into being.If the buyer is unable or unwilling to make a lump sum payment when purchasing a commercial house,after paying a certain percentage of the down payment,he or she can pledge all his or her interests under the contract for the sale and purchase of commercial houses signed with a real estate developer to a commercial bankwhich will pay the loan money to the real estate developer as purchase money.The pre-sale mortgage system of commodity housing has effectively alleviated the need for funds for the construction of commodity housing in China's real estate market,met the needs of the general public to purchase housingand promoted the rapid development of China's real estate market.After decades of development in China's real estate market,the scale of individual housing loans has been expanded,and the weight of the pre-sale commodity housing mortgage business in the commercial bank deposit and loan business has been increasing,bringing rich profits to commercial banks.But,we have also found that the accompanying risks are also coming to the fore in the pre-sale of commodity housing mortgages.In recent years,data on litigation cases in the People's Court show that the number of litigation cases arising from individual housing loans has increased year by year,and commercial banks face many risks in realizing their rights and interests in pre-sale mortgage loans for commercial properties.Because of the large number of subjects involved in China's pre-sale of commodity housing mortgage loans,the legal relationship is complex,and there is currently no specific law to adjust commodity housing for the specific regulation of pre-sale commodity housing mortgage loans,causing inconvenience to the practical operation.The current status of the real estate market in China,the status of the personal integrity system,and the current status of the relevant legislation have determined that commercial banks are in a disadvantaged position in the pre-sale of commercial housing mortgage loans.Thus,the main purpose of this article is to analyze the various sources of risk faced by commercial banks in the pre-sale of mortgage loans for commercial properties,explore their causes,and propose the establishment of a sound risk prevention mechanism for commercial banks in the current's context economic development of big data in China.The pre-sale commercial housing mortgage loan is a finacial guarantee method in which real estate developers,housing buyers,and commercial banks take part together.In the implementation of the mortgage contract for pre-sale of commodity houses,commercial banks face the risk from real estate developers,house buyers,commercial banks themselves,depreciation of the value of commodity houses,change of laws and regulations,and other issues.If the developer fraudulently obtains a loan due to a shortage of funds or is unable to perform the loan contract properly for objective and subjective reasons such as poor sales or inadequate housing quality.Objective and subjective reasons such as the reduced capacity to perform or unsuccessful investment housing purchases,such as stopping loan repayments or even malicious defaults by house purchasers,occur from time to time.The reason for this is,on the one hand,the lack of legal regulation of mortgage loans for pre-sale of commodity housing in China,and the inadequacy of risk management of commercial banks in the pre-sale of commodity housing mortgage loans.The nature of commercial banks determines that they are profitable by taking risks and controlling them,while the risk prevention of commercial banks in the pre-sale of commercial home mortgage loans directly determines the merits of the loans and affects the development of commercial bank deposits and loan business.Thus it is necessary to classify the sources of risk of commercial banks in pre-sale mortgage loans for commodity houses,analyze the reasons,and,under the current legal framework and in the light of the actual situation in China,establish a corresponding preventive mechanism for various sources of risk of commercial banks in pre-sale mortgage loans for commodity houses.The main body of the paper is structured as an introduction,body and conclusion..the paper is divided into three parts.The first part summarizes China's mortgage system for pre-sale of commodity housing,an analysis of the origin,nature,specificity,subject and legal relationship of pre-sale of commodity housing mortgage,and a comparative analysis of the three doctrines of pre-sale of commodity housing mortgage in China,concluding that China's pre-sale of commodity housing mortgage should be regarded as a new security right.Introducing commercial banks' equity generation and equity realization in the pre-sale commodity housing mortgage loans,to clarify the process and basis of equity generation in the pre-sale commodity housing mortgage loans of commercial banks,to see the security factors affecting commercial banks in the pre-sale commodity housing mortgage loans.The second part,combined with some typical cases from the implementation practice of the G District People's Court in G City,Province G,where I am located,analyzes the sources of risk in the pre-sale mortgage of commercial banks through case analysis methods,which mainly come from real estate developers,house buyers,banks themselves,the depreciation of the value of commercial housing,the change of laws and regulations and other aspects,and analyzes the reasons for these risks.In the third part,based on the current economic development background of China's big data,combined with the actual situation in China,the author puts forward proposals for commercial banks to establish and improve the corresponding preventive mechanism.I believe that in the current big data background,commercial banks should full use big data resources,the whole internal and external data resources,improve the credit file system of real estate developers,establish an assessment mechanism for real estate developers;improve the credit file system of house buyers,improve the credit monitoring mechanism of house buyers;strengthen the regulatory mechanism of commercial banks themselves;improve the disposal and realization rate of commercial housing based on merit;establish a contractual prevention mechanism,actively respond to the adjustment of laws and regulations;and also constantly pay attention to the relevant macroeconomic policies of the country,study the risks brought to commercial banks by policy changes,to make the first time risk prevention and control. |
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