Research On Legal Issues Of Mortgage Of Use Right To Residential Land In Rural Of China

At present,the wide gap between the rich and the poor in China means not only the gap between the rich and the poor of independent individuals,but also the gap between the rich and the poor of urban and rural integrity.Even if the urbanization rate has been rising,rural economic development still lags behind and rural financial development is lagging behind.Farmers only earn income by one acre and three cents.There is no source of funds and they are incapable of doing other economic activities.If farmers still banned the right to use the homestead,evade their property,and did not allow their mortgage financing,the prosperity of the rural financial industry would be even more distant.In order to protect farmers’ property rights and interests,assist farmers to engage in diversified non-agricultural economic activities,realize income creation for farmers,and develop rural economy.The "Decision of the Central Committee of the Communist Party on Several Major Issues Concerning the Comprehensive Deepening of Reforms" has opened the prelude to the reform of the rural land system,and the pilot work on the mortgage of the right to use the house sites has been promoted in an orderly manner.The dotted plots of homestead mortgage loan pilots have all adopted local policies to guarantee the smooth development of mortgages.In the case of breaking the order of rural land,we must clarify the property rights of the right to use the house site and jointly explore the most fair,just,and most efficient mortgage rules.Realize the separation of home ownership rights,qualification rights,and the right to use,and use static land assets to support the development of urban-rural integration.Although the Central Document No.1 stated that the legal provisions concerning the prohibition of homestead mortgages in the current legislation could be suspended and circumvented the occurrence of illegal situations,we still need to explore the contradictions and points of conflict between the pilot policy and the existing laws and regulations,and then the existing laws.Redeployment and revision were carried out to realize the nationwide coverage of mortgage loans for homestead use rights and promote the development of rural finance in the country.The purpose of this paper is to propose appropriate solutions to the problems that have arisen during the piloting process,to clear the legal barriers,to ensure the smooth implementation of mortgage loans for rural homestead use rights,to protect farmers’ freedom and to balance the interests of farmers and financial institutions.The full text is divided into five parts: The first part is the general purpose of research on the use right mortgage of rural homesteads in China,and the general status of research at home and abroad.From the macro perspective,the necessity and importance of the topic selection are explained.In the second part,a brief description of the related concepts of the mortgage of the right to use rural homesteads in China was made.From the basic theory of land property rights,the theory of rights allocation justice,the optimization of resource allocation theory,etc.,we will explain the theoretical basis for the legal basis of homestead mortgages to interpret the feasibility of mortgage implementation.Through the analysis of the status quo of the use and transaction of rural residential land in China,and the status quo of rural economic development,the actual needs of rural residential land use right mortgage are analyzed.The third part firstly explains the status quo of our country’s legislation and policy guidelines.If we still need to eliminate the legal obstacles to implement the homestead mortgage,we will revise the current legislation.Secondly,we will sort out the mortgage policies that tend to be consistent in the homestead mortgage trials,and review the relevant legislation and practices of the trials of the use rights of certain homestead bases.The fourth part is to summarize the dilemmas that need to be solved in the pilot,legal dilemma,procedural dilemma,implementation dilemma,etc.If property registration is lagging behind,the value of property rights cannot be determined,and mortgage rights are realized.The fifth part is based on the above dilemma,starting with the principles that should be adhered to for homestead use right mortgages,and perfecting the related legislation on land use right mortgages,etc,to propose a more comprehensive legal system level.