农房抵押的法律困境与对策研究——基于安徽省农房抵押试点地区的调研

Legal Difficulties of and Countermeasures for Rural House Mortgage:A Study Based on the Investigation in Some Pilot Areas of Rural House Mortgage in Anhui Province

农房是农民享有的一项重要的财产。通过安徽省农房抵押试点地区的调研发现,现行法律对宅基地使用权的禁止抵押和受让对象的限定成了农民住房财产权发展的障碍。宅基地使用权的法律开禁和有偿使用及建立农房抵押权实现后政府收储机制能有效解决农民融资难、农村宅基地空闲严重问题,有利于盘活农村宅基地及发展农民住房财产权。

Rural house is one of important properties possessed by farmers. The investigation made in some pilot areas of rural house mortgage in Anhui Province shows that, prohibition of mortgaging the right to utilize rural homestead and restriction on transferee in some existing laws have become the obstacles for the development of farmers＇ right to house property. Lift of the ban on the right to utilize rural homestead, compensated use of the homestead, and establishment of the system of governmenCs collection and storage of the homestead after farmers achieve the right to mortgage rural house, can solve farmers＇ difficulties in financing and the serious problem of idle rural homestead, and is beneficial to revitalize rural homestead and develop farmers＇ right to house property.