Legal Problems Down Mortgage Loans For Study

China has already become an aging society. The economy has not been fullydeveloped and the average income is yet much lower when china became an agingsociety in contrast to developed country. The policy of family planning will lead to abad result that there will be a larger number of "four-two-one" type families in chinawhich two couples have to raise four elders and one child. The combination of anaccelerated aging of society and the evolution of the family structure has resulted in asubstantial increase in the number of "empty-nets" families, so the difficulty ofdepending upon the children to care for the aged is to be more and more big. China istransforming from planned economy to market economy and the social securitysystems lag far behind. The situation of old-age cares more complex and severe inchina. How to let the old person peacefully enjoy the old age, to maintain society'sharmony and stable, is a pending issue in front of the entire society.Because its cash flowing direction is opposite to the traditional loan direction,"reverse mortgage" is so called. It refers to a new financing way that the loan persondevelops this service to the bank or the insurance company by having the real estateof the innate property right to make the mortgage, simultaneously the loan personstill to retain the housing power when he dies he could make the mortgages which thehouse also loaned. " reverse mortgage" is located to the old age market from thebeginning to realize "to the room cares for the aged", becoming one kind of effectivesupplement to care for the aged. "reverse mortgage" develops quite maturely, inrecent years the tendency has accelerated to develop. Besides US, presently Canadahas established housing income plan, Australia has established reversion annuitymortgage loan, and Russia has established reverse mortgage loan annuity plan. Inaddition, Japan, England ,and New Zealand have established such loan system, andobtained many successful experiences, realizing the biggest union of the personalinterest and the social utility. These provide the precious source material for China toestablish the new loan system. This paper attempts from the legal angle to study" reverse mortgage "loansystem, firstly analyzes the basic legal matter of overseas "reverse mortgage "system,revealing the definition, the legal nature, the legal characteristic, the comparisonwhich is contrast to traditional loan, as well as legal relationships. By the analysis ofthe loan basic legal matter, we could have a basic understanding of the new system.Overseas "reverse mortgage" system may divide into two kind of types: One, takeUS as representative's mortgage loan; Another one is take England as representative'slife insurance product. Comparing to say, the author thinks US "reversemortgage" law system have the intense model significance for China to found thenew loan system. Therefore, in the second major part of the paper, the authoremphatically make the key introduction and the appraisal of US "reverse mortgage"loan law system, pointing out the successful experience and the insufficiency of theloan law system of US. By studying American system, unifying Chinese theconcrete reality, in this paper's third major part, the author boldly designs theconcrete system, including the legislation of the related question, the systemjurisprudence foundation and so on. Finally, this paper aims at a tentative probinginto the profits from introduction of US "reverse mortgage" loan system, toelaborate this service in China's development,——a newly kind of pattern to carefor the aged——"to the room to care for the aged", to alleviate the pressure of ourcountry's caring for the aged, enhancing social safeguard level.