房屋反向抵押制度研究
发布时间：2018-11-12 12:46
【摘要】：房屋反向抵押是旨在以房养老的一种新型抵押制度,在欧美国家的运行已日趋成熟,这一制度可以极大地缓解人口老龄化带来的社会养老压力,是对养老保障体制的很好补充。我国也曾尝试引进该制度,但运行效果并不理想,原因包括宣传不到位、传统观念影响、产品风险以及法律制度不匹配等,其中法律制度不匹配是房屋反向抵押运行的主要障碍。要想更好的引入该制度,就需要对我国现有法律环境和房屋反向抵押进行结合、改良,构建成由政府主导、机构实施、房屋产权续期明确以及农村适度发展的综合性制度体系。 全文除导论和结语以外,共分三大部分,行文一万五千余字。 第一部分是房屋反向抵押制度在我国建立的意义。我国现阶段养老需求巨大,传统的养老制度亟需改进,而我国私有产权住房量大、房地产二级市场和金融市场的不断发展完善等都为该项制度在我国建立打下了很好的基础。同时,建立该制度还能保障老年人的生活水平、缓解社会养老压力、完善养老制度、促进地产金融市场的不断发展等等,对我国的发展有重要意义。 第二部分着重论述房屋反向制度在我国建立的现状。我国一些城市曾经试点过“以房养老”的相关业务,但是大都中途夭折,主要原因不仅包括我国的养老传统和社会观念,还由于房屋反向抵押和我国建设用地使用权、农村土地集体所有制以及禁止流质条款等这些现行法律制度之间存在一定矛盾。 第三部分是我国房屋反向抵押制度的构建。要想在我国建立房屋反向抵押制度,就需要效仿国外的成功经验,科学的对体制进行构建,加大政府的支持力度,并且着重对我国的法律制度和法治环境进行完善。 本文试图从问题出发,论证房屋反向抵押在我国建立的意义,并且从中发现建立该制度要面临的问题,最后从法律的角度给出一些建议。这是本文可能的创新之处。本文也有不足,主要是没能将房屋反向抵押制度已经存在或未来可能遇见的法律问题进行系统的阐释,不够全面。
[Abstract]:Housing reverse mortgage is a new type of mortgage system which aims to provide for the aged by housing. It has become more and more mature in European and American countries. This system can greatly alleviate the pressure of social pension brought by the aging of the population and is a good supplement to the old-age security system. China has also tried to introduce the system, but the operation effect is not satisfactory, including the lack of publicity, the impact of traditional ideas, product risk and the mismatch of legal system, etc. The mismatch of the legal system is the main obstacle to the operation of the house reverse mortgage. To better introduce this system, we need to combine the existing legal environment of our country with the reverse mortgage of housing, improve and construct a comprehensive system of government leading, institutional implementation, the renewal of housing property rights and the moderate development of rural areas. In addition to the introduction and conclusion, the full text is divided into three parts, more than 15000 words. The first part is the significance of building house reverse mortgage system in our country. At the present stage, there is a huge demand for the aged in our country, and the traditional pension system needs to be improved urgently. However, the large amount of private property right housing, the continuous development and perfection of the secondary real estate market and the financial market have all laid a good foundation for the establishment of this system in our country. At the same time, the establishment of the system can also protect the living standards of the elderly, ease the pressure on the social endowment, improve the pension system, promote the continuous development of the real estate financial market, etc., which is of great significance to the development of our country. The second part focuses on the establishment of the reverse housing system in China. Some cities in our country have experimented with the related business of "providing for the aged by housing", but most of them have died in the middle of the way. The main reasons are not only the old-age tradition and the social concept of our country, but also the reverse mortgage of houses and the right to use construction land in our country. There are some contradictions between the current legal systems such as collective ownership of rural land and prohibition of fluid quality. The third part is the construction of the reverse mortgage system in our country. In order to establish the reverse mortgage system in our country, we need to emulate the successful experience of foreign countries, construct the system scientifically, increase the support of the government, and focus on perfecting the legal system and the legal environment of our country. This paper tries to demonstrate the significance of the establishment of reverse mortgage in our country from the point of view of the problem, and find out the problems to be faced in the establishment of this system. Finally, some suggestions are given from the angle of law. This is the possible innovation of this paper. This article also has the insufficiency, mainly fails to carry on the systematic explanation which the housing reverse mortgage system already exists or may meet in the future legal question, is not comprehensive.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.2;D922.3
本文编号：2327146
[Abstract]:Housing reverse mortgage is a new type of mortgage system which aims to provide for the aged by housing. It has become more and more mature in European and American countries. This system can greatly alleviate the pressure of social pension brought by the aging of the population and is a good supplement to the old-age security system. China has also tried to introduce the system, but the operation effect is not satisfactory, including the lack of publicity, the impact of traditional ideas, product risk and the mismatch of legal system, etc. The mismatch of the legal system is the main obstacle to the operation of the house reverse mortgage. To better introduce this system, we need to combine the existing legal environment of our country with the reverse mortgage of housing, improve and construct a comprehensive system of government leading, institutional implementation, the renewal of housing property rights and the moderate development of rural areas. In addition to the introduction and conclusion, the full text is divided into three parts, more than 15000 words. The first part is the significance of building house reverse mortgage system in our country. At the present stage, there is a huge demand for the aged in our country, and the traditional pension system needs to be improved urgently. However, the large amount of private property right housing, the continuous development and perfection of the secondary real estate market and the financial market have all laid a good foundation for the establishment of this system in our country. At the same time, the establishment of the system can also protect the living standards of the elderly, ease the pressure on the social endowment, improve the pension system, promote the continuous development of the real estate financial market, etc., which is of great significance to the development of our country. The second part focuses on the establishment of the reverse housing system in China. Some cities in our country have experimented with the related business of "providing for the aged by housing", but most of them have died in the middle of the way. The main reasons are not only the old-age tradition and the social concept of our country, but also the reverse mortgage of houses and the right to use construction land in our country. There are some contradictions between the current legal systems such as collective ownership of rural land and prohibition of fluid quality. The third part is the construction of the reverse mortgage system in our country. In order to establish the reverse mortgage system in our country, we need to emulate the successful experience of foreign countries, construct the system scientifically, increase the support of the government, and focus on perfecting the legal system and the legal environment of our country. This paper tries to demonstrate the significance of the establishment of reverse mortgage in our country from the point of view of the problem, and find out the problems to be faced in the establishment of this system. Finally, some suggestions are given from the angle of law. This is the possible innovation of this paper. This article also has the insufficiency, mainly fails to carry on the systematic explanation which the housing reverse mortgage system already exists or may meet in the future legal question, is not comprehensive.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.2;D922.3
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