Study The Legal Problem On Mortgage Of The Right To Use Rural Homestead

"Three rural" issue has always been related to China’s economic lifeline and social stability,has also been the focus of China’s economic work all the time.Through the way of mortgage financing,homestead use right can not only be evaluated as one of the most important property of farmers,but also promotes the development of rural economy as a kind of production material.With the development of rural economy and social needs,mortgage demands for the use right of rural homestead become increasingly higher,and explorations on the use right are conducted both in theory and practice in recent years.Although our government supports to mortgage the use right of rural homestead in the policy,the current law explicitly prohibits this act.A considerable controversy still exists regarding mortgaging the use right of rural homestead.It is the legal restrictions and theoretical differences that become the obstacles of implementation of mortgage the use right of rural homestead,which need to be solved systematically.In view of the existing problems,the author through the analysis of the problem and solve the problem of the context of the right to use the land title of the legal issues to be studied and put forward their own views,with a view to the use of homestead mortgage legal issues to solve their own strength The This paper is divided into four parts:The first part is an overview of the basic issues of homestead use rights.This part first introduces the concept and characteristics of the right to use homestead and homestead to clarify the object of this study.And then analyzes the theoretical differences between the legislation of the right to use the homestead,so as to draw the conclusion that the law of our country should be used to mortgage the homestead,and the necessity and feasibility of the mortgage of the homestead use right is proved.The second part is the evaluation model of the mortgages of the right to use homestead.On the one hand,this part introduces and evaluates the classical model of the right to use homestead in various places.On the other hand,it explores the successful experience and lessons learned from the pilot model,and provides reference for the following problems.The third part is the real dilemma of the current use of homestead in China.This part mainly analyzes the legal dilemma of the right to use homestead,mainly including the legislative defects of the right to use homestead,the confusion of registration and registration,the uncertainty of the mortgage subject,the difficulty of realizing the mortgage and the lack of relevant supporting measures The By analyzing these issues,we will provide more targeted suggestions on the perfection of the mortgage system for the right to use the homestead below.The fourth part is the specific proposal of the construction of the land use right mortgage system.This part first puts forward the basic principle of the mortgage of the homestead use right.On this basis,the author puts forward a solution to the problems existing in the above-mentioned part and the predicament of the current homestead use right mortgage,mainly from the legal system Improve and supporting the design of these two aspects of the proposed recommendations to comprehensively solve the legal issue of the right to use homestead mortgages.