Study On The Legal System Of Housing Mortgage For Rural Residents In China

With the further development of urban and rural integration,the problem of agriculture,rural areas and farmers has been confronted with financing difficulties and insufficient funds,which is a serious obstacle to the development of rural economy.Building the system of rural housing mortgage is the most direct way to solve the difficulty of financing and the shortage of funds.However,due to the current restrictions on the transfer of the right to use homestead,the rural housing can not be circulated normally.In August 24,2015,the guiding opinions on the management of rural contracted land and the experimental mortgage loan of rural housing property rights were officially promulgated by the State Council,thus opening the discussion of the "two rights" mortgage.In March 24,2016,the central bank and other six ministries and commissions jointly issued the Interim Measures for the pilot of the rural housing property right mortgage.According to the current situation of rural development in China,as a rural land mortgage,the mortgage of rural housing should also explore a new mode,so as to safeguard the vital interests of rural areas and adapt to the current economic development.The mortgage of rural housing is urgently needed to be regulated by laws and policies,so as to promote the solution of "three rural issues",promote the integration of urban and rural areas,and improve the living standard of farmers.Starting from the characteristics of the rural housing,this paper analyzes the necessity and feasibility of building the rural housing mortgage system,expounds the obstacles of building the rural housing mortgage system,and puts forward the legal countermeasures and supporting measures to solve the related obstacles based on the experience from other countries.