Report On The Implementation Of The Mortgage Loan Of Farmers’ Housing Property Rights

On December 27,2015,the Standing Committee of the National people’s Congress(NPC)authorized the decision to launch a two-year pilot project on mortgage loans for farmers’ housing property rights in 59 administrative areas such as Jixian,Tianjin.After a one-year extension,in December 2018,the Standing Committee of the NPC decided not to postpone any further extension and to take the mortgage loan of agricultural houses into overall consideration of homestead reform.Therefore,it is necessary to summarize the mortgage loans of agricultural houses in the pilot areas.By investigating three pilot areas of Wujin,Yizheng and Sihong in Jiangsu Province,it is found that in the practice of agricultural mortgage loan,the financing chain of agricultural mortgage has been initially constructed and the problem of financing difficulty and high financing in “agriculture,countryside,farmers” has been alleviated.Moreover,the property attribute of the right to use the homestead is first displayed.However,there are difficulties in realizing the mortgage in the pilot area.First of all,the traditional way of mortgage realization cannot meet the needs of rural mortgage loans.On the one hand,the discount mode in the traditional way of mortgage realization violates “no investment in non-self-used real estate”;On the other hand,due to the principle of “real estate integration”,the right to use the homestead should be transferred together with the ownership of the farm house,in the way of auction and sale.However,the current policy prohibits the circulation of the right to use the homestead,which leads to strict restrictions on the object of the transfer of ownership of agricultural houses,which also leads to auctions,and the scope of transferees for sale is strictly limited to the inside of this collective economic organization,the auction.The way of sale cannot effectively realize the right of mortgage.In this regard,academic circles and pilot areas put forward new ways of realizing mortgage rights,such as loan restructuring and compulsory management.Moreover,on the basis of auction and sale,they also put forward to remedy the defects in auction and sale by relaxing the scope of transferee to farmers who have no homestead in this county,setting up the main body of farm house acquisition and selling,and so on,in order to deal with the above-mentioned dilemmas.However,the above-mentioned exploration of loan restructuring,compulsory management of low efficiency,still do not have an effective market relaxed to the county no homestead farmers,peddling the main system of administrative order arrangement,with no replication,promotion.Agricultural mortgage loan has played a great role in the pilot areas,but under the current policy of strictly restricting the circulation of the right to use the residential foundation,the mortgage loan of farmers’ housing property rights has not been replicated,and the room for promotion has not been achieved.Only the rural mortgage should be taken into consideration as a whole in the reform of the homestead,and the lease right of the right to use the homestead will be further reformed through the introduction of the “three-right separation” of the homestead.By allowing members of non-self-organized economic organizations and urban residents to obtain the lease right to use the homestead instead of using the homestead,the dilemma of realizing the difficult realization of the rural mortgage can be effectively solved.Only the mortgage loan of farmers’ housing property right can form an effective closed-loop,the mortgage loan of farmers’ housing property right will have the condition to replicate and popularize,and finally bring into play the property attribute of farmers’ housing.