Research On Mortgage System Of The Right To Use House Sites

The tight to use House Sites is unique to our country,both housing security and property two opposite properties,It's the land use right system only members of collective economic organizations have.Based on the welfare,gratuitous,long-term,identity of the right to use homestead,For the right to use homestead free movement of our attitude is not clear,Legislation expressly prohibits mortgage.After the Third Plenary Session of the Eighth Central Committee,proposed to give farmers more property rights,started the homestead land system reform.The pilot area has suspended the legislation on the right to use homesteads.This article starts from the nature and the historical evolution of the right of homestead,Evaluate the mortgage approach been taken by the pilot areas,Analysis of the mortgage is difficult to achieve the reasons,Establish the way to realize the mortgage and the disposal mechanism.This article specifically includes the following sections:The first part:Analysis of the nature of the use of homestead disputes in the"Property Law" before and after the promulgation,Emphasis on the nature of the right to use homestead was characterized as not a full power of usufruct in the "Property Law" after the promulgation;Secondly,according to the nature of the land changes,summed up the history of the use of homestead evolution process.The second part:From the relevant laws to start,on the use of homestead mortgages in the existing problems,Summed up the characteristics of the right to use homestead,To discuss the reasons for the prohibition of mortgage and allow the mortgage.The third part:From mortgage subject,object,proposed conditions for the establishment of mortgage,To assess the practice of collateralization and collateralization with housing,On the special homestead use rights of the mortgage put forward their own point of view.The fourth part:Combined with the general realization of the mortgage and the special nature of the right to use the homestead,to build a platform to achieve the mortgage,improve the supporting measures to protect the reality of the mortgage.