A Research On Law Issues Of Reverse Mortgage In China

"Reverse mortgage" is also known as the narrow sense of "housing for the elderly",is China in order to solve the pension crisis to introduce a new pension model from abroad.Most countries operate the "reverse mortgage"by banks and insurance companies to jointly,and our country operate"reverse mortgage" in an insurance manner.At present,"reverse mortgage"is still in trial period in China,still faced with imperfect laws and regulations and the lack of security system.In order to successfully promote the "reverse mortgage",we need to study the "reverse mortgage" legal issues.In addition to the introduction and conclusion,this article has four main parts.The first part is an overview of "housing for the elderly".First,the introduction of the concept of "reverse mortgage";secondly,the "reverse mortgage" and "traditional housing mortgages" and "housing mortgage loans" were compared;Finally,clear the "reverse mortgage" security and the dual attributes of financial goods.The second part is the analysis of the legal relationship involved in"reverse mortgage".The paper analyzes the loan relationship,mortgage relationship and delegate relationship which is related to "reverse mortgage",and prepares the following questions.The third part is the current situation of "reverse mortgage" and its problems.The current situation of'reverse mortgage" is the enthusiasm of the elderly and insurance companies are not high in China,clearly put forward the existence of the problem of "reverse mortgage" in China,that is,the subject matter,land use rights issues,mortgage issues and some other issues affecting the rights and interests of the elderly and insurance companies.The fourth part is to improve our country "reverse mortgage" proposal.Based on the above issues,We propose to perfect the law such as "Insurance Law","Commercial Bank Law" and "Property Law",and introduce compulsory counseling system,compulsory insurance system and government supervision system before application.