Research On The Improvement Of The Legal System Of Public Rental Housing

In recent years, with the constant rise of property price, housing issue has become one of the major problems our society has to face. Since the housing reform in the year1998, a house supply system, which features in market supply as the main, government subsidy as the auxiliary has taken shape. The housing right is one of the basic human rights, and government should guarantee its citizens’housing rights, to ensure "home ownership" and its citizens to live with dignity. According to the general law of social and economic development, the housing price is mainly adjusted by market-the invisible hands. As a result, high-income family units are able to meet their housing demands from the commercial residential building market. For those families with medium or lower income, they are neither capable of buying the commercial residential houses, nor eligible for applying for the affordable housing plans such as affordable housing, low-rent housing, and etc. The government should give them certain protection, as one critical path to build itself into a service-oriented government. Since the year of2010, we have started to build the public rental housing on a large scale, to meet the demand of this particular group of people, who are also called "the sandwich layer".Public rental housing is to relieve the housing pressure faced by the sandwich layer group, such as the new workforce, by providing housing at a price lower than the market value, and it is part of our housing security system. By analyzing the Improvement of the Legal System of Public Rental Housing from the economic, legal and social perspectives, borrowing the experience of the international public housing, combining theory with practice, my study aims at contribute to the legislation of China’s public rental housing.This essay illustrates the public rental housing by the following streams of thoughts:Part1provides an introduction of public rental housing features such as its concept, quasi public product attributes, and its scope. Also, by the introduction of its context, the comparison against affordable housing, low-rent housing, the advantage of the public rental housing will be highlighted.Part2provides a summary of the existing demand-and-supply situation of the public rental housing, some pitfalls of the system, its future prospect, demonstrating the necessity to improve the legal system of the public rental housing.Part3conducts a jurisprudential analysis of public rental housing legal system of China, puts forward the ideas that the housing right is the basic rights of citizens, the establishment of the legal system of public rental housing is the embodiment of the spirit of the constitution. Based on the relevant knowledge of economic law at the same time, such as "market failure","government failure", it provides some theoretical basis for our country’s public rental housing system. By analyzing the national income redistribution from the perspective of social security, public rental housing embodies the people-oriented governing philosophy, and the spirit of fairness and justice of the rule of law.In Part4, through a comparative analysis of the international public rental housing system in British, United States, Sweden and Singapore, we should draw lessons from the experience of public housing in these countries, take its essence and perfect our country’s system of public rental housing.As the enforcement of public rental housing system relies mainly on the government, first of all we have to make sure there are laws to go by for the execution of the public rental housing. Part5puts forward concrete suggestions on the construction of the legal system from aspects of the improvement of public rental housing legislation, funding sources, the mode of land supply, the rent price and the operation supervision, thus to promote the legislative process of China’s housing security.