Study On Perfecting The System Of Farmer Housing Mortgage

As the most important property right of rural residents,whether the exchange value of farmers’ housing can be developed through mortgage is closely related to the expansion of reproduction,increase of farmers’ income and development of rural economy through mortgage financing.Compared with the perfect urban housing mortgage system,the current housing mortgage system of farmers in China still has many problems.In order to promote the integration of urban and rural development and fill the gap of housing mortgage system for farmers in China,it is urgent and necessary to study this problem.Some areas of our country have carried out more than two years of pilot,and achieved a lot of successful experience,but there are some shortcomings,it is necessary to sum up the practical experience on the basis of the shortcomings,to improve the housing mortgage system of farmers suggestions.The implementation of any system will inevitably find problems in practice.Therefore,this paper starts from the practice of typical pilot areas in China,mainly taking Zhejiang Province,Sichuan Province and Chongqing Municipality as examples,analyzes the operation in the pilot process in these three areas,and summarizes the effectiveness and shortcomings of practice.Secondly,based on the shortcomings in the practice process,the existing difficulties of farmers’ housing mortgage system are summarized and the causes of these difficulties are summarized.Mainly reflected as:one is the legal dilemma.The restriction of the legal system of real right of security to the farmer housing mortgage.Secondly,the identity attribute of rural homestead leads to some restrictions on mortgage registration.Third,because the relevant transaction system is not perfect,it is not conducive to ease the creditors’ worries about the effectiveness of farmers’ housing mortgage.Fourth,law enforcement is too rigid in relevant judicial practice.Fifth,the realization mechanism of mortgage is not perfect,the scope of the transferee is limited and the disposal method of the mortgage is limited.Thirdly,we will combine the legal basis of farmers’ housing mortgage,using the theory of equal protection of property rights,ownership theory and urban-rural integrated development theory to analyze and discuss.At the same time,it analyzes the laws and policies related to farmers’ housing mortgage system and the legal relations involved.These can better clarify the interests of the parties that need to be balanced in advancing the system.Finally,according to the above practice and theoretical analysis,specific improvement measures and innovative improvement ideas are put forward in view of the shortcomings of China’s farmers’ housing mortgage system.In the aspect of legislation,the second paragraph of Article 399 of civil Code is extended and interpreted.At the same time,perfect mortgage registration system,perfect mortgage realization mechanism and related supporting systems.For example,the establishment of a unified registration department;Introducing compulsory management measures in the disposal of mortgaged property.