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随着风险防范意识的普遍提高,各商业银行在办理贷款的过程中更加注重以抵押(含质押,下同)的形式发放贷款。贷款抵押对于保障商业银行债权的实现具有重大意义,但是,即使贷款办理了抵押,银行也不能高枕无忧,由于抵押制度实行时间不长,加之我国的相关法律也不完善,以及行政及司法部门存在这样或那样的问题,因此,在日常贷款业务中,贷款抵押中出现了很多问题,这些问题,有些是由于有些行政部门的人员不依法行政造成的,更多的则是银行业务部门对有关法律研究不透彻,在办理抵押时的疏漏造成的。
With the general rise in risk prevention awareness, commercial banks pay more attention to the issue of loans in the form of mortgages (including pledges, the same below) in the course of handling loans. Loans and mortgages are of great significance to guarantee the realization of the claims of commercial banks. However, banks can not afford to worry about loans even if mortgages are applied. Due to the fact that the mortgage system has not been implemented for a long time and the relevant laws in our country are also not perfect, and the administrative and judicial departments exist Therefore, in the daily loan business, there are many problems in loan mortgage. Some of these problems are caused by the fact that some administrative departments are not responsible for the administration according to law, and more are the banking departments’ Imperfect, caused by omissions in the handling of the mortgage.