我国住房反向抵押贷款法律问题研究

发布时间：2018-08-06 15:20

【摘要】：随着我国老龄化的加剧,养老问题俨然成为了全社会的问题,2017年全国两会也重申了养老保障的重要性。近年来,国内“抱团养老”、“居家养老”、“以房养老”等社会新型养老模式不断涌现,各地也在不断探索解决养老问题的新路径,住房反向抵押贷款就是其中之一。住房反向抵押贷款,也称“倒按揭”,是一种新型的养老融资工具,主要适用于有房且钱少的老年人,对解决我国养老保障系统面临的压力,提高老年人的生活水平,培养更健康的生活方式具有重要意义,将为我国的社会养老保障体系的改革和完善提供一种全新的思路。自2013年孟晓苏首次提出建立反向抵押贷款寿险服务以来,2014年6月23日,中国保监会发布指导建议正式启动住房反向抵押养老保险试点工作,2016年7月,中国保监会再一次发布通知,将老年人住房反向抵押养老保险试点期间延长至2018年6月30日,并将试点城市范围进一步扩大。虽然住房反向抵押贷款在我国仍处于试点阶段,但很多法律问题已经凸显。本文旨在研究我国实行住房反向抵押贷款存在的法律问题,文章主要从四个部分展开。文章第一部分从住房反向抵押贷款概述入手,着重介绍其概念、法律特征、国外的发展模式以及与相关概念的比较;文章第二部分结合我国各地方的实践情况,对我国实行反向抵押模式现状进行分析;文章第三部分,重点分析我国发展该模式存在的法律问题,包括立法和政策上的阻碍;最后,文章第四部分,针对我国实施住房反向抵押贷款现存的问题,提出相应的解决方案。
[Abstract]:With the aggravation of aging in our country, the problem of the aged has become a problem of the whole society, and the two sessions in 2017 also reiterated the importance of the old-age security. In recent years, the new social old-age support models, such as "group pension", "home old-age care", "housing old-age care" and so on, have been emerging, and various places are constantly exploring new ways to solve the pension problem, among which housing reverse mortgage loan is one of them. The reverse mortgage of housing, also known as "reverse mortgage", is a new type of old-age financing tool, which is mainly suitable for the elderly who have a house and have less money. It can solve the pressure faced by the old-age security system in our country and improve the living standard of the elderly. It is of great significance to cultivate a healthier way of life, which will provide a new way of thinking for the reform and perfection of the social security system for the aged in our country. Since Meng Xiaosu first proposed the establishment of reverse mortgage life insurance service in 2013, on June 23, 2014, the China Insurance Regulatory Commission issued a guidance proposal to formally launch the pilot project of housing reverse mortgage pension insurance. The CIRC once again issued a notice extending the pilot period of the reverse mortgage pension insurance for the elderly to June 30 2018 and further expanding the scope of the pilot cities. Although the housing reverse mortgage loan is still in the pilot stage in our country, many legal problems have been highlighted. The purpose of this paper is to study the legal problems existing in the practice of reverse mortgage loan in China, which is mainly divided into four parts. The first part of the article from the housing reverse mortgage loan overview, focusing on its concept, legal characteristics, foreign development model and the comparison with related concepts; the second part of the article combined with the practice of various places in China, The third part of the article focuses on the analysis of the legal problems existing in the development of this model, including legislative and policy obstacles; finally, the fourth part of the article, In view of the existing problems of implementing reverse mortgage loan in our country, the corresponding solutions are put forward.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.29

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