The Research On Homestead House On The Mortgage

Homestead System, which is used as a part of countryside construction land in our country, is a specific system in China. Homestead can be obtained from organization’s economy institution by farmers, according to their special identity without paying any fees for the rights of land using, which is regarded as foundational assurance of working and living. With the fast development of China’s socialist marketing economy, especially when the fluidity of countryside becomes stronger and stronger, the rate of unused homestead has been raised continuously. Value Rule is the core part of marketing economy, and residents in countryside have been influenced by main atmosphere in marketing economy, so they begin to pay more and more attention to value of assets gradually. Buildings, which is constructed on homestead serves as the largest part in residents’ asset value, has become the key point in pursuing value for residents. When it comes to the application of building value, the outstanding performance happens between residents in countryside and people in organization’s economy institution, plus, it also comes from the more and more common phenomena of fluidity in housing estate with other principle body. However, under the present law system, the rights of using countryside homestead could only be used in a very finite limit, which brings the conflicts with the residents’application of their building ownership.The paper is divided into five parts. The first part, this paper provides the status of current homestead and homestead house. Then get the phenomenon that a large number of homestead houses are not used, and analysis the urgent need for real property mortgage financing of rural homestead. The second part, this paper defines the basic concepts of the homestead house on the mortgage. Analyze the current situation of the mortgage, including the theory dispute on the homestead house on the mortgage and current relevant legislation. Part three, this paper analysis the necessity of the homestead house on the mortgage. Allowing the homestead house on the mortgage is the inevitable requirement of equality and freedom and has important practical significance. The fourth part, this paper analyze the feasibilities of the homestead house on the mortgage; introduce the statutory tenancy theory; and establish the statutory tenancy theory system of our rural homestead. The last part, this paper enumerates some relate systems, in order to ensure mortgage smoothly. Construction and implementation of the homestead on the mortgage system, not only in the interests of the need of the famers under the environment of market economy, adapt the famers’will to seek to property value; but also have important significance to our land system and to improve the land use right.