The Study Of The Legal System On House Purchasing Guarantee

House purchasing guarantee mainly aims to solve the low and middle income’s housing loan dilemma. House purchasing guarantee company can offer guarantees for the low and middle income who are unable to satisfy the lender’s guarantee requirements. Nevertheless, after more than a decade’s development, house purchasing guarantee whose development has met lots of limitations does not achieve the expected goal and its due function. At present, the domestic academic research in relation to house purchase guarantee which is relatively lying scattered and lack of systematization, are mostly introductory ones. The paper, treating house purchasing guarantee legal system as its research object, conducts a deep, comprehensive and systematic research on house purchasing guarantee in order to put forward improvement measures.This paper, firstly, has the definition of the "purchasing" scope and the lender of house purchasing guarantee and makes a discussion on the setting of house purchasing guarantee company so as to differentiate house purchasing guarantee and commercial guarantee,which establishes the research basis; secondly, it discusses the nature of house purchasing guarantee agencies and its theoretical disputes. The author, according to house rights guarantee theory, national credit guarantee theory and risk return theory, weighs and considers to define the nature of house purchasing guarantee agencies as is indemnificatory. It is also one of the important research motives and innovations of the paper; thirdly, this paper performs a systematic analysis on several problems existed in house purchasing guarantee, such as, indemnificatory function’s facing hinderance in guarantee agencies, insufficient stipulation of trial implementation measures, lack of effective administration in the current guarantee system and unsoundness of risk prevention mechanism of house purchasing guarantee agencies and so on; Fourthly, by analyzing and comparing with the relative indemnificatory house purchasing guarantee stipulations abroad, and viewing from the house purchasing guarantee in United States of America, Canada and Dutch does the paper expect to provide helpful research and lessons for the nation’s developing and improving house purchasing guarantee; at last, the paper which is against the existed problems in domestic house purchasing guarantee presents a few suggestions on perfecting house purchasing guarantee legal system, on basis of the real situation of house purchasing guarantee at home and relevant stipulations and successful experience abroad, such as, making clear of the indemnificatory nature of domestic house purchasing guarantee so as to set up the domestic indemnificatory house guarantee system; improving trial implementation measures, strengthening guarantee agencies risk prevention and perfecting the supervision mechanism; strengthening macro-control and exerting the indemnificatory advantage.