农民住房抵押法律问题研究

发布时间：2018-03-17 08:37

本文选题：农民住房　切入点：抵押　出处：《江西财经大学》2017年硕士论文　论文类型：学位论文

【摘要】：农民住房对于农民来说是至关重要的财产之一。农民住房和宅基地无论从物理上还是从法律上都是密切联系在一起的,宅基地使用权抵押受到法律的限制,因此,农民住房抵押同样也会受到法律的限制。自从2016年3月,国务院出台了农民住房能够抵押试点的文件,全国有59个试点县(市、区)可以进行抵押试点,这对试点地区的农民来说是一件好消息,毕竟多了一份可以用于抵押的资产,但农民住房抵押同样也面临着法律问题,实践中还面临着诸多困境、限制,需要针对它面临的难题来一一解决。本文主要分为四个大部分,通过这四个部分来介绍农民住房抵押的法律问题。首先,第一个部分是农民住房抵押概述。主要介绍了农民住房的概念、特征,阐述了宅基地使用权的法律特征,把农民住房所有权与宅基地使用权的关系进行区分,进而说明农民住房抵押的意义。通过农民住房抵押概述,可以知道农民住房抵押的基本情况。其次,第二个部分是我国各地农民住房抵押的尝试和探索。从2016年3月到现在,试点地区开展农民住房抵押试点工作也已经一年有余,但全国有59个试点地区,分布在27个省份,跨度很大,因此,也只能举出东、中、西部的代表省份进行说明,同时也阐述了试点地区的主要做法、特点,并对试点地区的抵押模式进行概括。通过描述试点地区的试点情况,才能够更好吸收试点地区有用的经验。再次,第三个部分是农民住房抵押存在的问题和困境。农民住房抵押毕竟作为新事物,它在法律、实践方面肯定会遇到很多问题,比如登记、当事人、风险防范、抵押物处置等问题,这些问题都是不可避免的,在试点过程中也会面临这些问题。只有准确分析这些问题,才能为完善农民住房抵押的建议作好准备。最后,第四个部分是完善农民住房抵押的建议。通过一系列的建议来应对农民住房抵押的问题是很有必要的,建议能够使农民住房抵押的工作更好实施,不能因为存在困难而放弃探索这项改革。事实上,农民住房抵押对农民来说是一件好事,它和宅基地也是密不可分的。虽然现有的法律对宅基地抵押有限制,但宅基地使用权制度可以从立法上加以完善,毕竟让法律引领改革才是最正确的。
[Abstract]:The farmer's housing is one of the most important properties for the farmer. The farmer's house and the homestead are closely related both physically and legally, the mortgage of the right to use the homestead is restricted by the law, therefore, Since March 2016, the State Council has issued the document that farmers' housing can be mortgaged on a pilot basis, and there are 59 pilot counties (cities, districts) in the country that can carry out mortgage trials. This is good news for farmers in the pilot areas. After all, there is an additional asset that can be used for mortgage, but farmers' housing mortgage also faces legal problems. In practice, they also face many difficulties and restrictions. This paper is divided into four main parts, through these four parts to introduce the legal problems of farmers' housing mortgage. First of all, The first part is an overview of the farmer's housing mortgage. It mainly introduces the concept and characteristics of the farmer's housing, expounds the legal characteristics of the right to use the homestead, and distinguishes the relationship between the ownership of the farmer's house and the right to the use of the homestead. Then it explains the significance of peasant housing mortgage. Through the summary of peasant housing mortgage, we can know the basic situation of peasant housing mortgage. Secondly, the second part is the attempt and exploration of peasant housing mortgage in various parts of our country. From March 2016 to now, It has been more than a year since the pilot work was carried out in the pilot areas for farmers' housing mortgages. However, there are 59 pilot areas in the country, which are distributed in 27 provinces, covering a very large span. Therefore, the representative provinces in the east, the middle and the west can only be cited as representative provinces to explain. At the same time, it also expounds the main practice and characteristics of the pilot area, and generalizes the mortgage model of the pilot area. Only by describing the pilot situation in the pilot area, can the useful experience of the pilot area be better absorbed. Again, The third part is the problems and dilemmas of the peasant housing mortgage. After all, as a new thing, the farmer housing mortgage will certainly encounter many problems in law and practice, such as registration, party, risk prevention, mortgage disposal and so on. These problems are inevitable and will be faced in the process of pilot. Only by analyzing these problems accurately can we prepare for the suggestion of perfecting the farmers' housing mortgage. Finally, The fourth part is the suggestion to perfect the farmer's housing mortgage. It is necessary to deal with the problem of the farmer's housing mortgage through a series of suggestions. It is suggested that the farmer's housing mortgage can be implemented better. This reform cannot be abandoned because of the difficulties. In fact, the farmer's mortgage is a good thing for the farmer, and it is inseparable from the homestead. But the system of homestead use right can be perfected by legislation, after all, it is the most correct to let the law lead the reform.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.2

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