The Researching On Chinese Mortgage

Our country's mortgage system is directed from Hong Kong, it is a legal system of the British and American legal system. This introduction of this system, which solves the contradiction between the general inhabitants who have not enough income and the large amount funds of the sale of houses, has the vital role, and also melted the contradiction between the consumer monetary accumulation slowly and the giant housing demand in the expense domain of the commodity apartment in the certain degree. The introduction and establishment of mortgage in our country, is useful in helping general inhabitants realize the housing goal early, has promoted the development of real estate industry and has draw national economy. Therefore, since the beginning of the establishment of mortgage, people pay attention to the mortgage system continuously, even some scholar has places the significance of mortgage establishment and the invention of the steam engine on a par.When mortgage of the British and American legal system is introduced, because China is a country of the tradition of mainland legal system, the linking question on system appeared inevitably. Therefore, when this system is introduced, we had carried on the localization transformation to it according the fundamental realities of our country. This article has carried on the analysis and the discussion to the mortgage of our country by the historical research method, by practice research method for the mortgage practice in our country. First, we have done the limits to the meaning of the mortgage in our country in the aspect of theory. Mortgage is a legal system from the British and American legal system. It has had changed in the transplanted process already. At present, the mortgage of our country was not already the system in the original significance. The mortgage of our country borrows the language outer covering of the British and American law mortgage system, based on the content of the mainland legal system, and established the mortgage legal system, which had Chinese localization characteristic. Next, this article determines the legal nature to Chinese mortgage. When we carry on the analysis to the legal nature of mortgage, the article has used the classification research technique. We discussed the mortgage nature of the existent house mortgage and the expect house mortgage separately. In our country, the legal nature of the existent housemortgage and the mortgage of mainland legal system are same basically. Although it and general mortgage are different in certain aspects, the legal nature of the existent house mortgage has not broken through the basic frame of the mortgage of mainland legal system. The legal nature still was the nature of the mortgage of mainland legal system essentially. It is one kind of special mortgage. But in present legal frame of our country, the legal nature of except house mortgage in china should be one kind of non-model guarantee, because the object of mortgage has non- feasible characteristic. Once more, for further knowing our country mortgage law system, this article analyses the legal relationship of mortgage. The mortgage legal relationship of our country has contained the multi- stature legal relationship, involves to the multitudinous main body in mortgage legal relationship. It is a compound legal relationship system with many levels. Finally, on the base of research and discussion to mortgage law system in our country, this article put forward the perfect proposals and the measures in the aspect of the theory and in the aspect of practice. In the aspect of the theory, it suggested that we could introduce into transferring guarantee system. This may belong the nature of the expect house mortgage in our country to transferring guarantee system. At the same time we could put the merit of transferring guarantee system into the mortgage law system. In the aspect of practice, we put forward the suggestions on how to introduce into transferring guarantee system. We analyzed the risk carried by mortgage, the main question which we faced in the mortgage system of our country. In the process of consummating mortgage system, we consider that controlling the risk should be the core in this process and bring forward following four measures. One is that strengthening the examination system of the bank to mortgage, two is supervising and managing to building of the expect house rigorously, three is the establishment of legal document system. Four is displaying the action of attorney. We could take four kinds of measures to construct the law institutional framework of mortgage our country in our country.