The Examination and Correction of the Mortgage Problem of the Right to Use Homestead
Mortgage is an important means of realizing the income function of usufructuary rights and allowing the mortgage of the right to use homestead to be in line with the practical demand for the activation of the right to use homestead in the reform of the"Three Rights Separation"of homestead,and is also a necessary means to give farmers more property rights in the process of urbanization.Combined with the reality of the pilot practice of mortgaging the right to use homestead in various parts of China,scientific and feasible mortgage rules should be designed under the principles of the integration of housing and land and mortgage registration.Specifically,eligible mortgagors should be determined on the basis of confirmatory registrations,and the preconditions of applications for mortgages should be limited to that the applicant has a stable residence other than the mortgaged property;With regard to the guarantee value of the right to use homestead,a platform for assessing the value of the right to use homestead should be established to standardize the assessment of the guarantee value;Taking into account the identity restrictions on the right to qualify for a homestead and the need to safeguard the basic rights and interests of farmers,it is recommended to invoke the concept of mandatory management to innovate the realization of the mortgage right,to gradually extend the scope of the assignee of the mortgaged property at the same time,and to create a channel for farmers to reply to the right of use of the homestead base through establishing the right of redemption.
the right to use homesteadThree Rights Separationthe integration of housing and landmortgage
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