| Farmers’ housing is based on homestead.Farmers obtain the right to use homestead by applying for homestead,and then use their own means of production to build homestead housing.From the way of obtaining property rights,farmers have exclusive rights to the houses on the homestead.With the acceleration of urbanization,a large number of farmers come to work in cities,and it is common for farmers’ houses to be idle.In order to revitalize the idle assets,the Central Committee of the Communist Party of China has launched the mortgage loan system for farmers’ housing property rights.The birth of the mortgage loan system of farmers’ housing property right means that farmers’ housing is pushed to the market.The marketization of farmers’ housing property rights can promote the realization of farmers’ property rights,which is related to farmers’ living standards and the development of agricultural and rural areas,and the basic security function of homestead;the non marketization of farmers’ housing property rights will affect the realization of the closed loop of revitalizing idle assets.Therefore,we need to find a way to balance the two,and explore how to promote the realization of farmers’ housing property rights on the premise of maintaining the security function of homestead.In 2015,China started the pilot of the mortgage loan system for farmers’ housing property rights,but the pilot has not yet formed an effective closed loop.In 2021,the Ministry of agriculture and rural areas issued the opinions on a new round of reform,and the establishment and improvement of farmers’ housing property right mortgage loan system has become an important goal of this round of pilot work.Through the analysis and research of empirical pilot and judicial cases,this paper concludes that there are two problems in the pilot work.One is the legal problems existing in the mortgage contract,which mainly includes the unclear object scope and subject scope of farmers’ housing property rights and the imperfect mortgage registration procedure;the other is the lack of guarantee function of farmers’ housing mortgage loan and the unclear government function.The law has the characteristics of lagging behind,strict formulation procedure,universal compulsory binding force on the whole society,plays the role of induction and summary in social governance,and is the pilot of navigation.The flexibility of policy can make up for the strictness of law,and the guidance of policy can help to avoid the control of evil law.Only by formulating policies and carrying out pilot work,and incorporating mature system experience into law,can we successfully achieve the goal of reform.Farmers’ housing is not a legal term,nor is farmers’ housing property right a legal concept.Therefore,first of all,we should clarify the legal concept of farmers’ housing,clarify the legal theory of institutional dependence,and provide a theoretical basis for the construction of a perfect mortgage loan system of farmers’ housing property rights;secondly,we need to improve the construction of supporting measures,such as the establishment of a sound information sharing and property rights trading platform,and the establishment of a sound risk control mechanism.Practice can not be plain sailing,always in constant exploration to find in line with the national conditions of the system measures.China can carry out large-scale pilot work and explore a rural housing mortgage loan system that can be popularized and replicated in rural areas in repeated practice. |
