Study On The Mortgage System Of The Right To Use The Rural Homestead Under The Separation Of Three Rights

In order to protect the living interests of farmers,the law stipulates that the right to use homestead can not be mortgaged.With the continuous development of rural society,the attitude of the central government to restrict the mortgage of homestead use right began to loosen.Because the mortgage has been strictly restricted for a long time,the mortgage of homestead use right lacks complete system construction and legal basis in practice.But in terms of policy,our country has carried out practical exploration through authorization in the early stage,but this is not a long-term plan.The existing research mainly points out the deficiencies of the existing legal system and puts forward suggestions for improvement.The reform of separation of powers provides a new way to solve this problem.Through the transformation of rights,not only the rights and interests of farmers are protected,but also the role of land economy is played.Based on the discussion of the reform direction of China’s homestead system under the separation of three rights,this paper analyzes China’s homestead mortgage system in four parts from the second chapter to the fifth chapter,and puts forward some suggestions for improvement.The first part combs the historical evolution of homestead system,introducing the mortgage system of homestead use right and the separation of three rights.The second part clarifies the current legal system and related policies,understands the latest homestead reform policy in China,and points out the difficulties in the establishment and Realization of the mortgage of homestead use right.The third part compares the plans of three representative pilot areas,summarizes their reform ideas,mortgage establishment procedures and mortgage realization procedures.In the fourth part,based on the separation of three rights,the right to use homestead is reformed from four aspects: canceling the identity of the subject,clarifying the situation of free use,limiting the period of use and expanding the scope of circulation.Then it puts forward some suggestions on the construction of the mortgage system of the right to use the homestead after the transformation.In the aspect of mortgage establishment,it is necessary to specify the scope of mortgagor by different ways of acquisition,and include other people except financial institutions into the scope of mortgagor;it should be clear that the right to use homestead can be mortgaged separately,and the mortgage period is limited to 40 years;it should be clear about the role of consent right of rural collective economic organization in the establishment of mortgage;it is important to improve the registration rules of mortgage.In the aspect of mortgage realization,it is necessary to improve the mortgage disposal mechanism,improve the rural real estate evaluation system and develop the rural real estate transaction market.