The Mortgage System Of Rural Homestead Use Right From The Perspective Of Pilot Areas

The system of rural homestead established in the early days of the founding of the People’s Republic of China,in a specific historical period,it played a positive role in the stable development of rural society.With the development of social economy and the acceleration of urbanization process,more and more peasantry moving to cities and their houses and homestead were vacant.The original regulations can no longer meet the real needs of peasantry.Under the background of rural revitalization strategy and the exploring of “Three Rights Division” of homestead,we should to construct the mortgage system of the right to use rural homestead actively for making the vacant homesteads more valuable and providing ways for peasantry to get loan easily.In recent years,promoting mortgage of farmer’s housing property right which including homestead using right in several pilot areas has been one of the key tasks of the reform of rural homestead system.As the mortgage of farmer’s housing property right and rural homestead using right are consistent in value pursuit and realization,the experience of the exploring of the mortgage of farmer’s housing right can also be used for reference by the mortgage of the right to use homestead.The first round of pilot work on farmer’s housing property from 2015 to 2019 and the second round of exploration begins in 2020has provide rich experience for constructing the mortgage system of rural homestead right.What’s more,the earlier exploration in some areas can also provide more experience for the construction of the system.Base on the job of local pilot areas,it can be found that there are several issues need to be addressed including defining the scope of subject and object of mortgage,the implementation of hypothecation,and protecting farmers’ basic housing rights.For determining the subject of mortgage,the mortgagor should be clearly defined as peasant who is a member of rural collective economic organizations,and the restrictions on the mortgagor should be moderately relaxed to make it easier to get a mortgage.About the mortgagee,the establishment of specialized agricultural land financial institutions should be explored.On the aspect to definite mortgage object,peasantry should be allowed to use their homestead using right independently which with no houses on it to get loan.To solve the difficulties in realization of hypothec,it can be considered to setting up the use period for the rural homestead using right which be mortgaged.what’s more,the scope of the transferee should be expanded combined with local economic environment to enhance the property value of the right to use the homestead.In terms of protecting the housing right and interest of peasantry,the risk prevention measures should be strengthened,and it can be considered to use "compulsory management" for peasants whose homestead and housing are disposed to reduce the risk of having no domicile.