Research On Legal Issues Of Mortgage Of Rural Homestead Use Right

Deepening rural land reform is an important task in the leading field of land reform in my country,and it plays a positive role in activating rural land resource elements and promoting the development of urban integration.Homestead use rights have been tried and developed in various forms in practice.As early as 2015,some areas of our country began to develop farmers’ housing property rights betting points;Since the No.1 Central Document of 2018 clearly stated that "explore the reform of homestead ownership,qualification rights,and use rights’ separation of three rights’ ",the reform of my country’s homestead system has mostly been carried out under the framework of "separation of three rights".The pilot project of mortgage of the right to use the land is also coordinated with the reform of the "separation of three rights" on homesteads.By comparing and analyzing the pilot models of homestead use right mortgages in Luxian County,Sichuan Province,Pidu District,and Xiangshan,Zhejiang Province,the pilot areas are adapted to local conditions,showing a variety of institutional innovations and practical innovations.However,at present,the mortgage of the right to use homesteads is facing many practical problems,including insufficient basis for relevant higher-level laws,no breakthrough in the law,and imperfect implementation foundation and supporting measures.At its root,these problems are due to the fact that under the historical conditions of our country,we tend to pay more attention to the social security attributes of homesteads and ignore their property attributes,and thus form the customary constraints on the usufructuary rights of the right to use homesteads in the existing legal system.At the same time,there are still different opinions on whether to carry out the mortgage of the right to use the homestead.In addition,the imperfection of the rural social security system and the weak financial foundation in rural areas have further inhibited the vitality of the mortgage of the right to use the homestead.From the perspective of system change theory and transaction cost theory,the following proposals can be put forward:Gradually lift the legal restrictions on the mortgage of the right to use the homestead,including allowing the mortgage of the right to use the homestead to enter the law,specifying the mortgage method of the right to use and the filing requirements,and the legal provisions on the right to make up for the qualification blank.Improve the mortgage foundation and supporting measures,complete the registration of the right to use right,improve the evaluation mechanism of the right to use mortgage and improve the risk sharing mechanism;continuously optimize the rural financial and social security system,including optimizing the rural financial market environment and improving the rural social security system,etc.Promote the long-term and stable development of the homestead use right mortgage system.