商业银行房地产抵押贷款法律风险防范研究

发布时间：2018-05-31 21:28

本文选题：商业银行 + 房地产抵押贷款　；参考：《湖南大学》2013年硕士论文

【摘要】：房地产抵押贷款是随着我国房地产业发展和土地使用权制度改革而产生的，是我国实行市场经济和金融改革之后的产物。诚然，这一金融业务的开展大大促进了我国房地产业的快速发展，圆了千万百姓的住房梦，各大商业银行也一直将其作为自身的亮点，因为相对于风险，该业务带来的收益可谓相当可观。但是，一些商业银行房地产抵押贷款不良余额的上升，美国次贷危机的爆发，我国部分大、中城市商品房交易萎缩，“断供潮”、“退房潮”的频频出现，这些风险信号无不在提醒我们，在看到利益增长的同时更应重视风险的防范。房地产抵押贷款业务在我国发展的时间相对较短，其运行机制和监管制度的发展都还处于初级阶段，需要进一步完善。我们应当认识到，房地产抵押贷款的潜在风险往往在贷款之初不会显现，但是由于该贷款期限长，在贷款全部收回的过程中，常会遇到各种导致风险爆发的因素。而我国现行法律对这方面的保障并不完善，银行自身的风险管控机制也相对落后，没有建立起多元化的抵押贷款二级市场。若没有对商业银行贷款风险进行有效规制的措施，很有可能导致严重的经济社会的系统风险。面对风险，我们应当如何识别与应对，是值得关注与研究的问题。从目前我国现行的法律规定来看，关于房地产抵押贷款的法律框架虽然已基本成形，但仍存在着制度不完善、防范力度不够、缺乏可操作性等缺陷，甚至许多法律法规之间还存在冲突。直接导致商业银行难以实现债权。因此，健全我国的房地产抵押贷款法律制度，，提高立法水平，完善法律体系，才能在当风险发生时做到损失最小。
[Abstract]:Real estate mortgage loan is produced with the development of real estate industry and the reform of land use right system in our country. It is the product of market economy and financial reform in our country. It is true that the development of this financial business has greatly promoted the rapid development of the real estate industry in China, fulfilling the housing dream of tens of millions of people, and the major commercial banks have always regarded it as their own bright spot because of the relative risks. The profits from this business are considerable. However, with the rise of non-performing balance of real estate mortgage loans in some commercial banks, the outbreak of the subprime mortgage crisis in the United States, some large commercial housing transactions in China and the shrinking of commercial housing transactions in the middle of the city, there has been a frequent emergence of "supply cuts" and "housing check-outs". All these risk signals remind us that we should pay more attention to risk prevention while we see the increase of interest. The development of real estate mortgage loan business in China is relatively short, and the development of its operating mechanism and supervision system is still in the primary stage, which needs to be further improved. We should realize that the potential risk of real estate mortgage loan is often not apparent at the beginning of the loan, but due to the long term of the loan, in the process of full loan recovery, there are often various factors that lead to the risk outbreak. However, the current law of our country is not perfect in this respect, and the risk control mechanism of banks themselves is relatively backward, and there is no diversified secondary market for mortgage loans. If there are no effective measures to regulate the loan risk of commercial banks, it may lead to serious system risk of economy and society. In the face of risk, how to identify and deal with it is a problem worthy of attention and study. From the current legal provisions of our country, although the legal framework of real estate mortgage loan has basically taken shape, there are still some defects such as imperfect system, insufficient defense, lack of maneuverability, etc. There are even conflicts between many laws and regulations. It is difficult for commercial banks to realize creditor's rights. Therefore, only by improving the legal system of real estate mortgage loan, improving the legislative level and perfecting the legal system can we achieve the minimum loss when the risk occurs.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29

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