Font Size: a A A

The Legal Research On The System Of Social House

Posted on:2015-06-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:C N HuFull Text:PDF
GTID:1226330464951354Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
After thirty years of reform and opening practice, our earth-shaking changes have taken place. Among them, the conduct of the housing market reform, undoubtedly played a great tribute to the role. However, market-oriented housing system itself can not solve social problems of housing caused by it’s. In addition to housing product attributes, its own nationals to participate in social interaction is a prerequisite. In order to ensure the survival of the social and public life to establish a market-oriented housing system supplemental housing security legal system became inevitable principle of national governments. Unlike the history of housing development in other capitalist countries, housing reform in China since the beginning of the construction of housing security is very focused on the legal system. Back in the "Decision on Deepening the reform of the urban housing system"(Guo Fa [1994] No. 43)- China’s current market-oriented housing system important basic documents, it has been an important part of our security system of affordable housing housing system made provision. Since then, after several years of development, China has developed a variety of housing security legal system, that limit housing system, affordable housing system, low-rent housing system, public rental housing system, housing fund and housing subsidies for workers. However, China’s housing security legal system at the macro also a lot of problems:First, China’s current legal system of housing security, especially affordable housing system, to a large extent still retains a planned economy era public housing system shadow. Visible, housing security system if this has been thoroughly planned economy implemented, will result in the complete collapse of the housing market economy. At the same time, precisely because there is a fundamental contradiction between the existing housing system reform and the protection of the housing market, making affordable housing to the housing security system, represented in practice did not become a major component of our housing market. In fact, under the influence of the market mechanism, commodity housing naturally became the main force of China’s housing market.Second, China’s current legal system lacks housing security system effective typed. This is reflected in subsidized housing security object overlap, likely to cause limited financial resources are wasted. Subsidized affordable housing target system and low-rent housing system are low-income groups is an example.Third, China’s housing security extreme lack of stability of the legal system itself. This is reflected in China’s housing security legal system often five or six years there is a relatively large change in its use of the term is also often comes directly jargon of economics. In the absence of effective legal interpretation of the premise, the lack of housing security will inevitably lead to its proper legal system lacks stability and clarity of this stability.All in all, China’s housing security system there are certain legal issues in all aspects. In addition to these three relatively large problems, such as lack of independence of the housing fund, prohibit trading system problems detrimental to the security of transactions, as well as incentives for housing security is imperfect legal system to be a serious problem. In fact, our legal system in the housing security problems because of the current housing security system did not follow the requirements of the legal principles and the rule of law and national social state principle be by design.As an legal paper, the paper mainly uses historical analysis, comparative analysis and specification method analysis of housing security research legal issues. First, it is necessary to safeguard the development of housing in our history, especially the history of the abolition of the system of public houses historic review, which you can recognize the public housing system under the planned economic system is not really solve our housing problems, can not with the socialist market economy. At the same time, we must recognize that housing security system is complementary market-oriented housing system, and not a substitute for the housing market economy. Secondly, the paper selects Taiwan, Germany and the United States and other regions and countries, housing security system for comparison. By law comparative method, you can quickly discover China’s housing security legal system and other developed countries and regions, where is the point of difference. This is beneficial to our legal system in line with the establishment of housing security requirements of the socialist market economy in the future. Finally, unlike the institutional economics focus on the system as a whole housing security system to have an effect on the economic units, law to be concerned only legal order as a whole, housing security part of the legal system itself, ie with applicable laws relating to housing security issues. Therefore, this article focuses on the policies and laws by previous legal regime relating to housing security combing, explain the basis of the current value of housing security embodied in the legal system. On this basis, according to the values of democracy and rule of law in the socialist countries, the use of standardized analytical methods, pointed out that the legal system of housing security should be what, and how it is properly applied.The method according to the requirements of the study, this paper is divided into seven chapters.Chapter I concern the Introduction. This chapter introduces the research background, research status at home and abroad, and its main issues involved, research methods and structures, innovation and lack of topics, which reflects the academic value of this topic.Chapter II describes the basic theory of legal studies housing security system. This chapter is to be discussed in this article apply for inspection and analysis of the housing security system basic legal principles. Among them, this also includes the basic legal concepts to be covered in this article explained that the national principles of social and legal state principles.Chapter III describes the history of the evolution of the housing system. In this chapter, mainly on the history of our country since the reform and opening up the development of the housing system to do a systematic review, basically can be divided into three main stages, namely to explore the establishment period, market-oriented housing system of socialism with Chinese characteristics housing well-developed system. By reviewing, you can find public housing system in the planned economy era can not solve China’s housing problems, recognizing that the most important issue of housing security system reform law is how to reconcile the tensions between the housing security and the market economy.Chapter IV discusses our current legal system of urban housing security evaluation. In this chapter, mainly on China’s existing housing security system, that limit housing system, affordable housing system, low-rent housing system, public rental housing system, housing fund and housing subsidies for workers were evaluated.Chapter V discusses the housing security outside the legal system. In this chapter, mainly in Taiwan, China, Germany and the United States, housing security system are introduced. Historical experience of foreign housing security system, especially the history of the German housing system tells us that prescriptive housing statist economy only as a temporary measure to solve the housing shortage crisis under a state of emergency, which can not be treated as a long-term the housing system. In addition, foreign housing security system also proved housing security and housing market economy itself is not either-or relationship, both can take care of each other.Chapter VI discusses the reform objectives of housing security legal system. This chapter provides housing support and housing from the state obligation to protect the legal system to implement the principles of the rule of law and other aspects of the requirements put forward proposed changes to individual housing on China’s current legal system to protect the existence of the problem, noting that the social state is only consistent with the rule of law housing security requirements of the legal system in order to truly become a useful supplement market-oriented housing system. Ultimately, the future of our country should establish a variety of housing security system as an object of subsidized low-rent housing for the new core.Chapter VII discusses the new low-rent housing system. This chapter points out, through the establishment of a unified object as a new funding system for low-rent housing system to replace the existing affordable housing, there is low-rent housing, public rental housing and housing prices and other systems, is the reform of the legal system of housing security of dollars.Finally, the conclusion: Introduction to the issue raised in the echo, the main argument of this paper comprehensive.
Keywords/Search Tags:The Legal System of Social House, The Principle of social state, The Principles of the rule of law, Price-controled House, Affordable House, Low-rent House, Public rental housing, House Fund, New low-cost housing
PDF Full Text Request
Related items