The Legal Problem Research Over The Mortgage Financing Of Rural House

Thirty years of reform and opening up, the rural reform has been a hot issue, especiallyfocusing on rural land. To this end, in2010the People’s Bank of China, China Banking RegulatoryCommission and other departments jointly issued the "Guidance on comprehensive rural financial productsand service innovation," made it clear that everything is not contrary to existing law, property rightsvested in clear, risk can be effectively controlled, all kinds of movable and immovable property availablefor loan guarantees can be a pilot loan guarantees. Rural housing mortgage finance is one such financialinnovations, so the market this hand into the vast rural areas, expanding the effective range of collateral inrural areas, increase the supply of rural financial products. This paper selected Chongqing, Chengdu,Sichuan, and Chengdu, Sichuan province, Anhui tong ling region three pilots as a model to analyzethe difficulties they face and to propose appropriate legislative and institutionalrecommendations on improving rural housing mortgage system.In this paper, in addition to a summary and conclusion, is divided into three parts.The first part, an overview of rural housing mortgage financing. Referred to herein refersonly to collective farmers in rural houses constructed on the basis of housing in the ruralresidential land. Rural housing mortgage finance is the collective farmers in their land useright and house ownership as collateral to banks and other financial institutions to apply forfinancing loans. The basic characteristics of rural housing mortgage are: the identity of thebody, mortgage-specific objects. Significance of rural housing mortgage finance are: changesin urban-rural dual structure, to achieve overall development; increase farmers’ income fromproperty, leading farmers to get rich; broaden the financing channels in rural areas, promoterural financial development.The second part, about the plight of rural housing mortgage finance. Difficulties faced byrural housing mortgage finance is a conflict between the law and the lack of legal norms; ruralproperty rights registration lag; property value is difficult to determine; rural houses disposalrealized difficult; farmers finance awareness, and the financial institutions are notenthusiastic.The third part, on improving rural housing mortgage finance system put forward theirown proposals. Clear from the rural housing can be secured by legal; accelerate ruralhomestead house and do the right certification; clear object collateral and loan and loanpurposes; simplify rural housing collateral registration procedures; expand the range of collateral disposal, perfect collateral disposal system; the introduction of third-partyguarantees, reduce bank risk.