Research On Legal Regulation Of Mortgage Financing Of Rural Homestead Use Right Under The Background Of Rural Revitalization

The comprehensive implementation of the rural revitalization strategy has accelerated the pace of reform in rural areas and driven the rapid economic and social development in rural areas.Among them,homestead use right mortgage pilot is an important part of rural reform.Under the background of long-term prohibition of mortgage,the right to use homestead,as one of the most important property of farmers,plays a pivotal role in the social stability of rural China,but its economic value is greatly inhibited.However,with the continuous advancement of financial innovation today,the economic value of homestead is prominent and the social security attribute is weakened with the change of various conditions.Adhering to old rules not only cannot protect the rights and interests of farmers,but even inhibits the development of agriculture and rural areas to a certain extent and affects the pace of rural modernization.This paper selects Deqing city of Zhejiang province and Liuyang City of Hunan Province as the investigation objects,summarizes and analyzes the relevant policies and systems and pilot data of the mortgage of the right to use homestead in these two cities,and tries to summarize experience for the systematic construction of the mortgage system of the right to use homestead.The author through to the existing policy,the pilot experience and academic literature research and analysis,found that the main difficulty lies in the system of right to use house sites face constraints,lack of proper mortgage,mortgage housing land use right itself exists risk and so on,the article from the perspective of legal system,relevant supporting mechanisms such as legal analysis of the causes of trouble,And the corresponding countermeasures are put forward.The author thinks that the current reform should guarantee the collective ownership of homestead ownership unchanged,through summarizing the experience of the pilot reform of homestead,and constantly induce the construction scheme of the mortgage system of homestead use right in accordance with the national conditions.This is not only related to the idle homestead,farmers’ financing difficulties and other problems,but also to the prosperity of rural economy,promote rural revitalization of great significance.