通过分析房屋按揭贷款中的法律关系,明确了地震毁损房屋的按揭贷款的法律责任应由受灾人承担。但现实中受灾人不具有承担能力,执行的合法性与合理性发生冲突,汶川地震后我国政府采取的一系列解决措施不具有可重复使用性。有必要通过完善配套保险法律制度、建立国家巨灾风险专项基金、建立灾难法律援助制度、引进个人破产制度等来有效解决。 By analyzing the legal relationship in the mortgage loan, it is clear that the legal liability of the mortgage loan damaged by the earthquake should be borne by the affected people. However, in reality, the affected people do not have the ability to undertake and the legitimacy and rationality of the execution conflict. After the Wenchuan earthquake, the Chinese government adopted a series of measures that are not reusable. It is necessary to effectively solve this problem by improving the legal system of supporting insurance, establishing a special fund for national catastrophe risks, establishing a legal assistance system for disasters, and introducing a personal bankruptcy system.