The Construction Of The Mortgage System Of The Homestead

With China's rural economic development,the rural homestead system can not adapt with the rural production and living,especially the homestead use right being prohibited from mortgage,which makes farmers hard to expand reproduction while liberate the productive forces.The academics call for a change in the existing system to break the shackles of the homestead use right through the design of the system,which is necessary to protect rural residents' equal rights and development rights.In order to further emancipate the productive forces in rural areas,government has put forward a number of measures to liberate the farmers housing property,without changing the existing legal framework.The most important one is that some relevant laws and regulations being suspended so that the rural residents can use the homestead land for mortgage purposes.However,because of the imperfect of the relevant measures,the mortgage of homestead use right has many non-standard phenomenon.Therefore,the homestead use right mortgage system should be established by introducing legal right of renting land for building or making some changes,as far as possible not to change the law applicable to the provisions of the law.And meanwhile the social security system should be completed,such as rural basic social welfare and so on,which can let the homestead use right mortgage system really carried out in rural areas,so that promote the integration of urban and rural areas.