Research On China 's Safeguard Housing System From The Perspective Of Economic Law

After the founding of New China, A welfare-oriented public housing distribution system was adopted to meet urban residents’ basic housing demand. But constrained by social and economic developments, living conditions were generally far from satisfiable withlimited per capita living space and poor condition of service, including hygiene, water supply and heating. After the Third Plenary Session in 1978, China’s urban housing system has begun its marketization and the housing policy has been gradually adjusted accordingly. Especially since the comprehensive ceasing of physical distribution of houses in 1998, China’s residential housing market has seen its growing prosperity with abundant supply of commercial housing in market and greatly improved living condition. However, due to the fact that housing transactions are governed by the market laws of supply and demand, house price soars up. As a result, part of low income group of people cannot afford to buy houses in the market..To be noted, housing security issue is not only an economic issue but also a social issue. To establish and improve a reasonable security housing system, ensuring each individual’s having a house for living is not only an essential part of constructing a socialism harmonious society but also a necessary measure to secure basic human rights of members in a society, safeguard social stability and promote social fairness.This thesis deeply analyzed Chinese current security housing system from the perspective of economic law. There are two reasons for employing economic law perspective: First, the current operation of security housing system can be explained through the basic principle of economic law. The Double Failure issue and the Use of Dual Tactic idea discussed by the economic law can answer the question of what role the state should play in the security housing system. Second, the aim and means of economic law can provide a feasible approach towards the establishment and improvement of current security housing system. As what is demonstrated in the core of economy and regulation of economic law, the construction of system of security housing in China can be realized through legalization of macro-control and market control. Specifically, means of macro-control includes finance, tax and financial supportive policies and means of market control includes restriction and ban of participants, reward and punishment scheme. The above-mentioned two directions of analysis are the two logic starting points of this thesis.Through analysis structure of Double Failure and Use of Dual Tactic in economic law, the author analyses the reasons of historical changes of our country’s security housing system and finds out that economic law can be applied widely in housing market. One is development of government’s role in security housing system construction, namely, market failure, economic imbalance, macro-control, government failure, control in accordance with law, laws of micro-control; the other is use of market mechanism in system construction, namely, market failure, failure of competition, market control, government failure, control in accordance with law, laws of market control. The two analysis structures play important roles in understanding security housing system and provide new direction for its improvement. Use of Dual Tactic analysis structure also requires proper management of the relation between “the hand of the government” and “the hand of the market”. Economic law also stress on the legitimacy of micro-control and market control measures which requires security housing system to comply with the principle of rule of law. “Efficiency and Equity”, another important idea in the principles of economic law, is employed in this thesis. According to the operation of security housing system,this thesis discusses various values from supply, allocation and exit accordingly, and provides references for related system design.Taking the angle of economic law as the logic starting point, this thesis proposes that the security housing system in China should be reviewed from the current operation system in China. In practical terms, the author thinks the operating system should be discussed theoretically and institutionally respectively.The theory of the security housing system, in short, includes the concept connotation of the security housing system, a theoretical basis and the systematic extension in the process from the origin of the security housing system to the exercise of it. The theoretical discussion of security housing system in the second chapter begins with Housing Right which is the theoretical starting point of the thesis. The housing right includes equal treatment right, right of inviolability and social security right. There is relevant regulations in the scope of Chinese laws with respect to the right of inviolability which is the negative right connotation of the housing right. But Chinese law is silent on the positive powers and functions of housing right. Consequently, security housing right system is raised in this thesis. In fact, there is theory system regarding the security housing right system under Chinese laws. Although there is no relevant provision in Chinese law, there are various types of security housing in international conventions China entered and relevant regulations and policies, systematized according to type of security housing.. The basic principle and relevant value and aim of economic law can also fall into the scope of Chinese security housing theory system, for they are the foundation of analysis and resolution of security housing system. The aim of theoretical analysis on the security housing system is to better review specific rules of the system.From implementation perspective, security housing system consists of three main parts which are security housing supply system, allocation system and exiting system. Among them, security housing supply system is the primary basis of establishment and improvement of security housing system. It includes the issue of liability in security housing supply, which refers to the subject to liability; the issue of approach which refers to the subject of implementation; the issue of funds which refers to the origin of funds. The key issue of security housing allocation system and exiting system is the security object, which refers to the object of allocation of security housing and follow-up resolution of security object’s failure of requirement in the future. The above-mentioned issues are involved in the normative documents issued by departments of different levels and kinds, but most of the regulations are concerning the type of housing supplied under security housing system. Upon the review and summary of current normative documents, the author attempts to draw a whole picture of security housing system. Based on supply, allocation and exiting, the author has undertaken another classification according to the different types of housing provided in chapter three and hopes to analyze security housing system more specifically. Through review and summary, the author holds that the issues concerning the operation of security housing system are: blurred role and liability of the government, tardiness of channel innovation, scarcity of funds, lack of related system, poor execution of supervision.Indeed, from the perspective of economic law, we can discuss the issues arising out of security housing system by its control scheme, restriction and prohibition, reward and punishment. In addition, we can also better take economic law as means of regulation to propose resolution of current adversity. This thesis is aiming at figuring out the resolution which is consistent with economic law upon reference to the countries which succeeded in implementation of security housing system. Therefore, there are specific analysis with respect to the security housing system in America, Singapore and Britain.The author has found that part of Chinese current security housing system is well implemented in the west. There are some innovative mode, innovation in construction mode, namely the use of PPP mode applied in security housing system; innovation in increase of supply which increase investment in security housing market purchasing houses in stock by government; innovation in funds which is the life of establishment and development of security housing system and security housing construction cannot sustainably develop in China without sound financial channels. The author discusses innovation of property rights mode from the perspective of common ownership of property. Furthermore, the author also found that the aforementioned systems develop slowly in the process of trial implementation. Therefore, the author analyzed the construction mode in Chapter Five in order to remove the obstacles and hoped to wide expansion of the innovation in China.The author has summarized the whole analysis in the Chapter Six and once again went back to the perspective of economic law, proposed construction of macroscopic frame of improvement of security housing system in China based on “legalization of policy” of economic law. Furthermore, the author attempts to divide the liability between central government and local government with respect to the quantity based on the concept of “separation of powers” in economic law. At last, the author applied economic law to the improvement of security hosing system including exercise of macro-control in supply, division of security object through exercise of restriction and prohibition in allocation system and encouraging the exit subject through exercise of reward and punishment institution in the exit system.Generally speaking, this thesis deeply analyzed security housing system in China through implementation of normative analysis, case analysis, historical analysis and comparative induction analysis based on the research in economy, sociology and law. The author has reviewed and commented on the supply system, allocation system and exit system respectively through hierarchical research in security housing system and summarized and discussed several great innovations including innovation in construction mode and supply mode and expansion of financial channels in the operation of current construction of security housing system with comprehensive consideration regarding various factors. Based on summary of precedent experience, the author has undertaken an in-depth study regarding the construction of system and operation mode in the trial stage of innovation in China through reference to overseas successful experience, which has provided intellectual support to these systems.Innovations of the thesis are mainly demonstrated in three aspects: innovation of topic, innovation of object and innovation of conclusion. The author employs the perspective of economic law, which reflects his broad horizon. Comparing with many “Policy Preference” perspectives, the concept of “Legalization of Policy” in economic law provided a great theoretical support. Besides, although it is a process from establishment to development for security housing system, the author selected new development of security housing system and new object of study and undertook a comprehensive research in security housing supply system which has the biggest influence on security housing system. Indeed, subject to dual influences of innovative topic and innovative object of study, the conclusion of the thesis is innovative. The author’s thoughts on security housing supply system details innovation mode of construction and origin of funds and property allocation. Comparing with “calls on innovation”, the conclusion of this thesis is more enforceable.