| The realization of the mortgage of the right to use the homestead is an important link in the reform of the homestead system.In 2015,the country launched the pilot mortgage of farmers’ housing property rights,and the mortgage of the right to use the homestead gradually attracted the attention of the national policy.At present,the concept of mortgage of the right to use the homestead has not been clearly defined,and whether it is open or not is also widely disputed in academic circles.However,the mortgage of the right to the use of homestead has obvious value.It can not only improve the utilization rate of idle homestead,but also help eliminate the illegal circulation of the right to the use of homestead.For farmers,this is also a safe way of financing.The pilot project of mortgage of farmers’ housing property rights has achieved good results.The Ministry of Agriculture in rural areas has also clearly opened a new batch of pilot reform of the right to use homesteads and improved the mortgage path of the right to use homesteads.Thus it can be seen that the mortgage of the right to use the homestead has certain feasibility.However,because the civil code and other laws do not make specific provisions on the mortgage of the right to the use of homestead,the legal difficulties in its implementation have gradually emerged.And the pilot area also encountered many practical problems in the last stage of practice,such as the mortgage is difficult to circulate,mortgage registration is difficult to implement and so on.At present,the homestead property right trading market and system have not been established,and whether the transfer of the right to use the homestead can face a big dispute,how to guarantee the realization of mortgage right,how to let the collateral smooth transfer,is the key to realize the mortgage of the right to use the homestead Therefore,this paper explores and studies how to dispose of the right to use the homestead,and puts forward that when the right to use the homestead can be disposed of,the leasehold can be incorporated into the right to use the collective business construction land for auction and sold off,and the proceeds will be used to pay off debts.In addition,the realization of the mortgage of the right to use the homestead needs the support of the law,but it is not an overnight thing to enter the law,Solid can consider adopting the way of step by step,we can start from the definition of the specific rules of the mortgage to make it universal.On this basis,the mortgage of the right to use the homestead should be carried out in different regions.At the same time,judicial interpretation or administrative regulations should be issued to improve the supporting system of the right to use the homestead,including the mortgage registration system and the risk release system.In addition,the beneficial experience of foreign land title mortgage system on the application of real estate relationship is also worth learning.This paper discusses the above problems in five main chapters.First,in the second chapter,summarized the mortgage of the right to the use of homestead.Then in the third chapter,the necessity of the mortgage of the right to the use of homestead is investigated,and the value of the mortgage of the right to the use of homestead is considered emphatically.In order to highlight the inevitability and feasibility of the mortgage of the right to the use of homestead,we also understand and read the relevant policies.Therefore,in the fourth chapter,the implementation of the mortgage of the right to the use of homestead land is discussed.The fifth chapter examines the experience of extraterritorial title mortgage and finds out the part that can be used for reference.Finally,according to the implementation difficulties mentioned above,this paper investigates one by one,and tries to find the realization path for the mortgage of the right to the use of homestead. |
