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On the status quo of our mortgage legislation , issues and improvement

Author: LuZuoBin
Tutor: BaiGuoDong
School: Fudan University
Course: Legal
Keywords: Mortgage Legislation Present Situation, Problems Improve the legal system
CLC: F293.3
Type: Master's thesis
Year: 2010
Downloads: 56
Quote: 0
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Abstract


The financial crisis sweeping the globe, countries great. Caused by the global financial crisis is one of the main reasons for the subprime mortgage crisis, real estate mortgage loans there are many loopholes in the law. China is still soaring housing prices, a serious social problem that people can not afford housing. Our price regulation instability, policy management randomness of real estate mortgage loans, mortgage legislation lacks scientific and advanced because our current laws stipulates mortgage, mortgage problems to a lack of effective legal norms . The subject of this paper is to perfect our mortgage legislation, aimed at using the basic principles and theory of jurisprudence, the combination of scientific concept of development, the problems of the current mortgage loan analysis, exploring the establishment of home ownership in line with China's national conditions, both Scheme to ensure the safety and efficiency of the financial the mortgage legal system. According to ask questions, analyze problems, problem-solving ideas, lessons learned through research the origin and foreign or regional mortgage mortgage legal system, and the course of our mortgage legislation and the subprime crisis, according to our guarantee, combined with contract law analysis of the necessity and importance of mortgage legislation and the relevant provisions of the relevant laws and regulations and the People's Bank of China, the government's policies, regulations, and how to perfect the legal system of our mortgage. Based on these ideas, now the contents of each chapter of the article are summarized as follows: Chapter 1 Overview of the development of the mortgage business and an overview of our mortgage legislation, from the concept of the mortgage, the mortgage on the importance of economic life and the regulatory function of the mortgage business in need of legal the norms to analyze. The emphasis is on the necessity and importance of mortgage legislation. The second chapter analyzes the legislation and its problems of foreign and Chinese Hong Kong Mortgage Enlightenment to China. From the analysis the Mortgage System overview of common law, civil law, the main features of the mortgage legal system of Hong Kong, China, and the United Kingdom, the United States, France, and the subprime mortgage crisis on China's revelation, to explore the establishment of a mortgage system to draw foreign and Hong Kong, China the advantages and the mortgage legal system combined with China's national conditions. The third chapter discusses the legislative history of China's mortgage, Present and inadequate. From our mortgage legislation of course, our mortgage which contains the legal relationship of the current mortgage system, the existence of the problem, in particular the legal loophole, mortgage parties existence of fraud, property law on mortgage legislation evasive, as well as lack of complete effective financial supervision on mortgages and other aspects of analysis of the urgency and importance of perfecting our mortgage legislation. The fourth chapter discusses how legislative Improvement of the mortgage law system. From the establishment of the the mortgage legal system in China, the principle of the mortgage legislation, mortgage operations specifications legislative and different mortgage object to distinguish between legislative exposition of the established legislative requirements to reflect the scientific concept of development, both to reflect the fair that Home Ownership Ownership goal to ensure financial security and efficiency, and is conducive to the sustainable socio-economic development of the the mortgage legal system with Chinese characteristics.

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CLC: > Economic > Economic planning and management > Urban and municipal economy > Urban Economics and Management > The real estate economy
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