Research On The Legal Problems Of Housing Land Use Right Mortgage Under The Background Of "Three Rights Separated"

With the rapid development of urbanization,however,under the situation that farmers generally choose to work in cities,the right to the use of rural homestead has been playing the function of rural social security with its nature of welfare,hollow village as well as idle homestead caused by the waste of land resources painful situation.In order to solve the problem of idle homestead and improve the utilization rate of rural land,the state has continuously carried out the exploration of the reform of the right to the use of homestead,and in 2015 opened up 33 pilot areas,including Daxing District,Beijing,to explore the voluntary withdrawal of homestead with compensation,and on the basis of the above-mentioned pilot in2016,opened the Tianjin City,Jizhou and other 59 pilot areas to explore the right to use residential land-based mortgage work of farmers’ housing property rights.The mortgage of the right to the use of homestead has increased the realization way of the right to the use of homestead property rights and the financing channels for farmers.In order to further deepen the reform of the system of the right to the use of homestead,the "three-power separation" policy was first proposed in the 2018 "central document No.1",creating more favorable conditions for the pilot project of mortgage of the right to the use of homestead.To this end,in 2020,the Ministry of Agriculture and rural areas opened up a new round of housing land reform pilot,104 counties including Beijing’s Changping District,and three cities divided into districts have been liberalized as pilot sites for a new round of homestead reform,projects in order to continue to make full use of rural idle housing land,on the basis of the exploration of mortgage loans for existing housing land,including the exploration homestead right of use mortgage,withdrawal and other work content.The proposal of the policy of "the separation of the three rights" of homestead provides the right source and support for continuing to explore the mortgage of the right to the use of homestead,it is of great practical significance to promote the effective realization of the right to the use of homestead property rights,increase the disposable income of farmers and promote the reform of the rural land system.It is necessary and realistic to probe into the mortgage mechanism of the right to the use of homestead.However,there are still obstacles in the establishment and realization of the mortgage of the right to the use of homestead in the pilot practice.On the basis of investigating the reform practice of the first batch of housing land use right mortgage in the east,the middle and the west of China,this paper sorts out the problems existing in housing land use right mortgage and analyzes the experiences and deficiencies,based on the reflection of the problems,this paper puts forward some countermeasures,such as establishing the mortgage principle of the right to the use of homestead,standardizing the establishment of the mortgage of the right to the use of homestead,perfecting the realization path of the mortgage of the right to the use of homestead,perfecting the supporting security measures of the mortgage of the right to the use of homestead,etc.,in the context of the "three rights of housing land" to further promote the use of housing land mortgage to achieve suggestions.