| From "The central committee of the communist party of China on some major problems comprehensively deepen reform decision,to "The central committee of the communist party of the state council about the opinions of the implement the strategy of rejuvenating the country.",China has been exploring ways to accelerate the modernization of agriculture and rural areas,realize the comprehensive improvement of peasants ’lives and the transformation of agriculture."The reform of the homestead system is the key to stop the decline of the countryside and activate the village."The central government document No.1 of 2018 proposes to explore the "three-way" road of ownership,eligibility and use rights of homestead land,but whether it can make the mortgage of homestead land use rights unimpeded in all pilot areas is still in practice and the results are still unknown.After all,Policies ans theories are not long-term and stable compared with laws and are not a long-term strategy for governing the country and the legal system is the key to give full play to the role of stimulating,guiding,evaluating and correcting.Therefore,it is very important to construct a complete legal system to activate the use of residential land and protect the development of rural economy in China in the new period.To study the legal issues concerning the mortgage of homestead use rights,it is necessary to first rationalize the definition and content of homestead use rights,and in particular,analyze the evolution of homestead use rights from the historical axis of the homestead,and analyze the current three of homestead.The concept of splitting power.Based on the theoretical analysis of the mortgage of the right to use the rural residential land,based on the current statu5 of China’s economic and social development,the necessity and feasibility of the mortgage of the right to use the house site is analyzed.The mortgage system of the right to use the house site is increasing the assets of farmers.Sex income,the promotion of rural financial development,and the elimination of the dual structure of urban and rural areas have a considerable role in promoting the use of homestead land use rights mortgage has practical significance.This article also pointed out that both academic and policy developments are based on the flexible use of homestead right-to-use mortgages to promote rural economic development.Now that rural social security is improving,it is also a good time to intensify efforts to tap rural financial potential.Introduce the basic situation of the mortgage of the use right of rural house sites in the practice of Jiangsu,Zhejiang,Anhui and Yunnan provinces,analyzed the problems that were solved by the pilot,and what issues remained unresolved.Finally,we analyzed the disconnect between law and reality.Summing up and summarizing the problems existing in the mortgage of the right to use rural homesteads is mainly manifested in the conflicts and ambiguities between legal provisions and between laws and policies,the registration system of homestead land use rights has not been perfected,and the value evaluation system for homestead land use rights is not perfect.There are practical obstacles to the final realization of mortgage rights.To address the problems that have already been analyzed,we have put forward suggestions for improvement of the loopholes in the use right of residential land use rights.First of all,we must straighten out relevant laws and regulations,eliminate contradictions between laws,regulations and policies,and make them no longer an obstacle to judicial practice;The registration system and value evaluation system,and finally the follow-up supporting system,include the improvement of risk prevention mechanisms and social security systems.To sur up,only the legal regulation of the entire process of homestead use rights mortgage can truly protect farmers ’property rights and promote the development of rural economy. |
