| Deepening the Reform of the Rural Homestead System,and granting peasants more Property Rights are important measures to implement the Rural Revitalization Strategy.Peasants Housing Property Mortgage has been the main form of wealth for rural families throughout history,including the ownership of the house on the ground and the Right to Use Homestead under the house.It is also the core of peasants’ home culture of living and working in peace and contentment.In order to increase the channels of property income for peasants and effectively activate rural resources,funds,and assets,the State Council has organized pilot Peasants Housing Property Mortgage Moans in some regions.Due to the need to ensure the bottom line of "Peasants’ interests are not damaged",and protect Peasants’ basic housing rights,policies and laws related to the disposal of Peasants’ Housing Property Mortgage have not been broken through simultaneously.However,these reasons ultimately lead to significant obstacles to the circulation of rural housing.In the pilot practice,it is difficult to find qualified transferees within the same Collective Economic Organization,and the circulation of rural housing is greatly restricted.Due to the extremely uneven development in various regions,the unfinished work of Homestead Reform,and the lack of legal basis for judicial disposal,Peasants Housing Mortgage Loans have not formed an effective closed loop.At the National Policy level,the disposal of Peasants Housing Property Mortgage must be carried out in cooperation with the government to ensure the basic residential rights of peasants and obtain the consent of Rural Collective Economic Organizations.In principle,the scope of the transferee can only be within the same organization.Many conditions limit the enthusiasm of bank loans,making the mortgage virtually impossible to dispose of.At the legal level,the disposal of the Right to Use Homestead,and the principle of "House and Ground Together" have not been determined.The only way to achieve Mortgage Rights is through auction and sale,with high enforcement costs and low efficiency,and a lack of diversified mortgage disposal methods.Some pilot areas have adopted measures such as mixed guarantee,Professional Guarantee Companies,Risk Compensation Funds,and selecting peasants’ houses that are easily convertible as collateral.There are also measures such as leasing and changing to Collective Construction Land,effectively assisting in mitigating mortgage risks and improving the efficiency of loan disposal.In order to explore the channels for peasants to increase property income,and improve the quality of Peasants Housing Property Mortgage Loans,it is recommended to do some work in the following aspects.At the policy level,it is necessary to improve the rural housing security system and eliminate farmers’ concerns about losing their houses.It is also necessary to gradually expand the scope of transferees,so as to facilitate the circulation of peasants’ housing among different Collective Economic Organizations,and further activate the peasants’ housing market.Multiple risk control measures should be used and the Right to Use Homestead is leased with compensation and for a fixed period of time.It is recommended that peasants’ houses be given a legitimate source of ownership,and a Mandatory Management System be introduced to enrich the Realization Methods of Mortgage Rights.Through the next round of pilot work,the theory of Separation of Three Rights will be continuously improved,and the Right to Use Homestead will be separated,returning to the function of ordinary usufructuary rights. |
