美国住房抵押贷款法律制度研究

发布时间：2018-04-24 16:20

本文选题：住房抵押贷款 + 住房抵押贷款证券化　；参考：《中国海洋大学》2010年硕士论文

【摘要】： 住房抵押贷款作为一种有效的住房融资方式,在美国得到长足发展。美国不仅形成了规模庞大的住房抵押贷款一级市场,而且创造性地推出住房抵押贷款证券化业务,解决了住房抵押债权长期不流动性难题,盘活了一级市场的资金。美国在规范住房抵押贷款上,制定了一系列的法律规范,在一级市场上建立政府担保与私人商业保险相结合的保险机制,保障抵押贷款一级市场的稳定性,同时在二级市场上,又设立政府或准政府机构以联邦政府信用参与住房抵押贷款资产证券化,从而构建了衔接娴熟的住房抵押贷款一二级市场。在住房商品化的大背景下,我国住房抵押贷款规模也迅速增长,但我国住房抵押贷款法律制度还不成熟,尤其是有关住房抵押贷款证券化法律制度仅处于起步阶段。因此,深入研究美国较为完善的住房抵押贷款法律制度,对于推进我国住房抵押贷款法律制度建设具有重要的作用。本文以美国住房抵押贷款法律制度为研究对象,采用比较分析和理论联系实际方法,全面系统地分析美国住房抵押贷款一级市场和二级市场的法律制度,并结合我国住房抵押贷款法律制度现状,在对比分析的基础上,对我国住房抵押贷款一级市场的法律制度、推行住房抵押贷款证券化及构建住房抵押贷款证券化法律监管框架方面提出完善建议。希望能对我国住房抵押贷款制度的理论研究和实际操作起到有价值的参考作用。全文共分为六个部分：第一部分简要对住房抵押贷款法律制度进行综述,包括住房抵押贷款的概念、法律特征、法律主体以及法律关系。第二部分简要介绍了美国住房抵押贷款法律制度的形成和发展过程。第三部分具体介绍了美国住房抵押贷款法律制度。一级市场的法律主体、运作模式和法律关系,一级市场的住房抵押贷款种类,抵押贷款的担保与保险等。二级市场法律制度内容主要包括住房抵押贷款证券化的概念和种类,运作模式、法律主体与法律关系、以及住房抵押贷款支持证券的发行制度及监管制度。第四部分具体介绍了中国住房抵押贷款法律制度。第一节对住房抵押贷款一级市场法律制度进行了介绍,包括一级市场的贷款制度、担保制度和保险制度。第二节主要介绍了住房抵押贷款证券化的法律现状,包括住房抵押贷款支持证券的发行制度、交易制度及监管制度。第三节具体分析了中国住房抵押贷款制度存在的问题。包括贷款制度程序上缺乏可操作性、抵押法律制度实践中存在法律冲突,担保与保险机制不健全以及住房抵押贷款证券化立法与风险监管不完善。第五部分提出对中国住房抵押贷款法律制度的完善建议。第六部分是结语,概括总结全文。
[Abstract]:As an effective way of housing financing, mortgage loan has developed rapidly in the United States. The United States has not only formed a large primary market for housing mortgages, but also creatively launched the securitization business of housing mortgages, which has solved the long-term illiquidity problem of housing mortgage claims and activated the funds of the primary market. In regulating housing mortgage loans, the United States has formulated a series of legal regulations to establish an insurance mechanism combining government guarantees with private commercial insurance in the primary market to ensure the stability of the primary mortgage market, and at the same time, in the secondary market. The government or quasi-government agencies are also set up to participate in the securitization of mortgage assets with the credit of the federal government. Under the background of housing commercialization, the scale of housing mortgage loan in our country also increases rapidly, but the legal system of housing mortgage loan in our country is not mature, especially the legal system of housing mortgage securitization is only in its infancy. Therefore, a thorough study of the perfect legal system of housing mortgage loan in the United States plays an important role in promoting the construction of the legal system of housing mortgage loan in China. This paper takes the legal system of housing mortgage loan in the United States as the research object, and analyzes the legal system of the primary and secondary markets of housing mortgage in the United States in a comprehensive and systematic way by means of comparative analysis and the combination of theory and practice. Combined with the current situation of the legal system of housing mortgage loan in our country, on the basis of comparative analysis, the legal system of the primary market of housing mortgage loan in our country is analyzed. Some suggestions are put forward to promote mortgage securitization and construct the legal regulatory framework of housing mortgage securitization. Hope to play a valuable reference role in the theoretical research and practical operation of the housing mortgage loan system in China. The full text is divided into six parts: The first part briefly summarizes the legal system of housing mortgage loan, including the concept of housing mortgage loan, legal characteristics, legal subject and legal relationship. The second part briefly introduces the formation and development of American mortgage legal system. The third part introduces the legal system of mortgage loan in America. The legal subject of the primary market, the mode of operation and the legal relationship, the type of housing mortgage loan in the primary market, the guarantee and insurance of mortgage loan, etc. The content of the secondary market legal system mainly includes the concept and type, the operating mode, the legal subject and the legal relationship of the housing mortgage securitization, as well as the issuing system and the supervision system of the housing mortgage backed securities. The fourth part introduces the legal system of housing mortgage loan in China. The first section introduces the legal system of the primary market of housing mortgage, including the loan system of the primary market, the guarantee system and the insurance system. The second section mainly introduces the current legal situation of mortgage securitization, including the issue system, transaction system and supervision system of mortgage backed securities. The third section analyzes the problems of the housing mortgage loan system in China. It includes the lack of maneuverability in the procedure of loan system, the conflict of laws in the practice of mortgage legal system, the imperfection of guarantee and insurance mechanism, and the imperfect legislation and risk supervision of mortgage securitization. The fifth part puts forward some suggestions to perfect the legal system of housing mortgage loan in China. The sixth part is the conclusion, summarizes the full text.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D971.2;DD912.28

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