Research On The Mortgage Of The Right To The Use Of Homestead

The deepening process of urban-rural integration leads to the reduction of urban population,but the number of homesteads is increasing,and the idle rate is increasing day by day.At the same time,due to the low income level of farmers,there is a lack of funds for exploring new paths of rural development.In order to solve the above problems,the country starts to carry out the reform of "three rights separation" of homestead.As one of the reform contents,the mortgage of the right to use homestead is worth exploring.By analyzing the different connotations of the right to use of homestead in the period of "separation of two rights" and "separation of three rights",this thesis emphasizes that the right to use of homestead in the period of "separation of three rights" should be stripped of identity attributes and bear more property value,and discusses the necessity of mortgaging the right to use of homestead from multiple perspectives.Considering that homestead and abovementioned farm houses are naturally integrated,the reform of mortgage of farmers’ housing property right and mortgage of homestead use right is often carried out together.Therefore,this thesis will sort out the policies and regulations of mortgage reform of two rights together to clarify the reform process.At the same time,by comparing the reform modes of three typical pilot areas,Yiwu in Zhejiang Province,Yujiang in Jiangxi Province and Luxian in Sichuan Province,the excellent experience of each pilot area is summarized and drawn.At the same time,this thesis will also analyze the judicial practice cases and divide the views of the court into three categories: allowing the mortgage of the right to the use of homestead,prohibiting the mortgage of the right to the use of homestead and not showing specific views.Through the above research,the thesis sorts out the legal and practical dilemmas faced in the reform process of the mortgage of the right to the use of homestead,such as the mortgage of the right to the use of homestead has not obtained the legal right,the establishment of mortgage is difficult,the lack of the value evaluation mechanism of the mortgage and the realization of mortgage and other problems.Finally,this thesis will combine the reform pilot experience and the judicial practice to deal with the above problems to put forward some suggestions,in order to promote the establishment and improvement of the homestead use right mortgage system.