| Mr.Fei Xiaotong once said: Chinese farmers are local,because they can’t leave the soil and stick to it.Land contractual management right and the right to use homestead are the soil that farmers can’t leave.The two systems support the stability of our country’s rural areas and nurture generations of Chinese farmers.However,with the acceleration of urbanization process,our "countrified" farmers also want to become "fashion",they need funds to achieve the development of traditional agriculture and improve their living standards.In our country,farmers are generally not very rich,their financing method is only loans,and traditional rural credit is difficult to meet the needs of farmers to achieve agricultural upgrading,both in quantity and scale.The biggest property,land and houses,in their hands can only sleep because the law forbids mortgage.They who can’t be rich without money just can’t stick to the land anymore.They can leave the soil that feeds them and run to the city.The result is that the farmland is barren,the farmhouses are idle and the countryside is hollowing out.In order to invigorate rural assets,in 2015,the state launched a two right mortgage pilot of land management right and farmers’ housing property right.Compared with the land management right,the value of farmers’ housing property right is larger and the relationship involved is more complex.The mortgage of farmers’ housing property right is not only restricted by the law,but also influenced by the security attribute of rural houses and the difficulty in dealing with the mortgage.With the expiration of the "two rights" mortgage pilot,the mortgage of farmers’ housing property rights has not been raised to law.How to realize the next step of the system is worth pondering.The purpose of this paper is to solve the problems in the process of the pilot project by chapters,combining with the separation of the "three rights" of the homestead,so as to clear the obstacles for the better development of the mortgage of farmers’ housing property rights under the new background.The following is a summary of each part of the paper.The first part is the overview of the mortgage of farmers’ housing property rights.This chapter describes the relevant concepts of the mortgage of farmers’ housing property rights,and expounds the feasibility of the practice of the mortgage of farmers’ housing property rights,and explains its advantages.The second part is about the choice of real mortgage estate relationship.This chapter studies the "real estate relationship" of farmers’ housing property right mortgage,and combines it with the "Three Rights Separation" of homestead to analyze the applicability of the principle of "real estate integration" under the new background.The third part is the establishment of the mortgage of farmers’ housing property right.Based on the identity of the right to use the homestead,there are many restrictions on the setting of mortgage.This chapter will analyze the conditions of setting up mortgage of farmers’ housing property rights,and combine the pilot situation with the "Three Rights Separation",on the basis of guaranteeing farmers’ living rights,improve the mortgage establishment in order to better realize the development of the system.The fourth part is the disposal of the mortgaged property when the mortgage is realized.This chapter deals with the collateral from three aspects: introducing the compulsory management system and innovating it to make it more compatible with the rural areas of our country;moderately expanding the scope of the transferee of the collateral to solve the difficulties in the disposal of the collateral;reasonably dealing with the right to use the homestead to match the "separation of three rights" of the homestead. |
