宁波江北区农村住房财产权抵押困境与对策研究

发布时间：2018-05-11 20:10

本文选题：农村住房财产权 + 抵押　；参考：《宁波大学》2017年硕士论文

【摘要】：在我国,农村住房作为农民最重要的家庭财产,对其抵押、担保、转让,政府在党的十八届三中全会上和2014年中央一号文件中明确提出,要在保障农村宅基地用益物权的基础上,促进农村住房财产权的灵活使用。农村住房财产权抵押贷款是我国农户获得资金支持的重要途径,对于解决农户经营贷款难,农村资金短缺,农民创业融资渠道狭窄等问题具有重要的现实意义。宁波江北区作为城乡一体化综合配套改革试点区,在2009年与宁波市信联社合作在农村范围内推出农村住房财产权抵押贷款。经过多年的实践与探索,宁波江北区农村住房抵押贷款工作日渐成熟,而财产抵押权模式也进入瓶颈期,工作推进难度大。本文以农村住房财产权为研究对象,以产权理论与地租理论为基础,从推进城乡一体化发展、缓解农户融资困难及发展农村金融等三个方面的需要来阐述农村住房财产权抵押贷款的必要性。在宁波江北区农村住房财产权抵押实践工作取得显著成效的背景下,通过实地调研,深入农户家庭,了解农房抵押农户的贷款用途、贷款额度、现阶段农户关于资金的需求、融资的方式及农户对农房抵押的认知程度;继而系统地阐述宁波江北区农村住房财产权抵押实际运作情况,分别从政府支持和制度保障两方面解读江北区农村住房财产权抵押贷款制度;引用贷款流程图,形象地说明农村住房财产权抵押贷款的具体操作方法,通过调研走访总结出江北区农村住房抵押贷款工作面临五大困境:农村住房抵押贷款实践与现行法律相冲突,农房确权颁证工作难度大,贷款流程繁琐、参与的金融机构单一,抵押物处置难,住房抵押贷款配套的保障机制不健全等问题。为更好地推进农村住房抵押贷款,依据江北区农村住房抵押贷款实践中面临的困境,本文提出以下建议:从顶层设计来完善法律政策,创新农村金融体系,完善产权抵押交易市场;通过优化抵押贷款模式提出简化贷款程序、扩大贷款用途和加强农民技能培训等方面的便民服务,引入担保公司,创新农房抵押担保机制,规避信贷风险和法律风险;创新住房财产权抵押处置机制,通过扩大受让人的范围,促进抵押权的实现,调动金融机构的积极性;推行宅基地使用权租赁制度来保障宅基地用益物权;最后从建立抵押物价值评估机制、完善风险分担机制、加快建设农村信用体系以及健全农村社会保障体系四个方面来完善农村住房财产权抵押贷款的配套保障机制,推动农村住房财产权抵押贷款工作全面铺开。
[Abstract]:In China, rural housing, as the most important family property of farmers, was clearly stated by the government in the third Plenary session of the 18th CPC Central Committee and in the first document of the Central Committee in 2014. We should promote the flexible use of rural housing property rights on the basis of protecting rural homestead usufruct. The mortgage loan of rural housing property right is an important way for farmers to get financial support in our country. It is of great practical significance to solve the problems such as the difficulty of farmers' operating loans, the shortage of rural funds and the narrow channels of farmers' pioneering financing. Ningbo Jiangbei District, as a pilot area of integrated reform of urban and rural integration, launched a mortgage loan for rural housing property rights in the rural area in 2009, in cooperation with Ningbo Xinlian News Agency. After many years of practice and exploration, the rural housing mortgage loan work in Jiangbei District of Ningbo has matured day by day, and the mode of property mortgage has also entered the bottleneck period, so it is difficult to advance the work. This article takes the rural housing property right as the research object, takes the property right theory and the land rent theory as the foundation, promotes the urban-rural integration development, This paper expounds the necessity of mortgage loan of rural housing property right in order to alleviate the difficulty of farmers' financing and the need of developing rural finance. Under the background that the practice of rural housing property right mortgage in Jiangbei District of Ningbo has achieved remarkable results, through the field investigation, we can go deep into the families of farmers, understand the use of the loans, the amount of loans, and the demand of farmers for funds at this stage. The way of financing and farmers' cognition of agricultural house mortgage, and then systematically expound the actual operation of rural housing property right mortgage in Jiangbei District, Ningbo. It explains the mortgage loan system of rural housing property right in Jiangbei District from the two aspects of government support and system guarantee, and cites the loan flow chart to illustrate the concrete operation method of the mortgage loan of rural housing property right. Through the investigation and visit, it concludes that the rural housing mortgage loan work in Jiangbei District faces five difficulties: the practice of rural housing mortgage loan conflicts with the current law, the certification of the right to confirm the rural housing is difficult, the loan process is cumbersome, and the participating financial institutions are single. Mortgage is difficult to dispose of, housing mortgage supporting security mechanism is not perfect and so on. In order to promote the rural housing mortgage loan better, according to the dilemma in the practice of rural housing mortgage loan in Jiangbei District, this paper puts forward the following suggestions: to perfect the law and policy from the top level design, to innovate the rural financial system, Perfect the property right mortgage transaction market, simplify the loan procedure by optimizing the mortgage loan mode, expand the loan use and strengthen the convenient service for farmers' skill training, introduce the guarantee company, innovate the guarantee mechanism of the agricultural house mortgage, To avoid credit risk and legal risk, to innovate the mechanism of mortgage disposal of housing property right, to expand the scope of transferee, to promote the realization of mortgage, and to mobilize the enthusiasm of financial institutions. To protect the usufruct right of the homestead, finally to establish the evaluation mechanism of mortgage value, perfect the risk-sharing mechanism, and implement the lease system of homestead use right to protect the usufruct right of homestead. Accelerate the construction of rural credit system and improve the rural social security system to improve the rural housing property rights mortgage loan supporting security mechanism to promote the rural housing property rights mortgage loan work.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F301.3

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