Study On China's Housing Leasehold Reform

Since the start of housing system reform in 1978,there have been three problems and deficiencies in China's housing rental system.First,China's housing system reform has always pay attention to the purchase segment;therefore the housing rental system reform has been in the auxiliary position.Purchase-Cored housing system severely dependents on the supply of state-owned land,constantly push up the price of the house,cause turmoil of urban economic,result in class division of rich and poor.Second,China's housing market maintains a binary market structure.The whole housing rental market is divided into two pieces(a commodity one and a security one),and the two markets function in independent,isolated,parallel way.The binary structure separates the market principles of fairness and efficiency,cause the commodity market overheat and the security market anemic.Third,in the legal system of the housing lease field,the private house owners have unfairly powerful rights,that leads landlords occupy the dominant position.This kind of ownership-oriented(lessor-dominant)legal system is not conducive to social justice.2016 NPC and CPPCC draw up a new 13 th Five-Year plan,pointed out that in the 13 th Five-Year,the goal of China's housing system reform is to build a new housing consumption system to meet the housing needs of new urban residents,and to create an ideal housing market where Purchase and Lease both play a vital role.The first part(chapter I)of this paper focuses on the problems and shortcomings of China's housing rental system,and then summed up the future overall goal of China's housing rental system reform as to strengthen importance the housing rental market and the force of housing leasehold.Specifically,first,increase the proportion of the housing rental market.Second,transform the binary market structure.Third,adjust the ownership-oriented(lessor-dominant)legal system towards the use-oriented(lessee--dominant)legal system,protect lessee's rights.The second part(chapter II)of this paper analyzes the Anglo Saxon housing model and the German housing model.By comparison,it is not difficult to find out that the Anglo Saxon housing model countries generally neglect housing rental market,therefore,take the advantages of rapid development of the housing purchase market,but also bear price of low efficiency of social security system and frequently bear housing market failure risks.The German housing model countries generally attach attention to the house rental market,therefore,enjoy the stability of housing market and take advantage of an effective social security system.China's current reform should learn from those two development experience,grasp the new balance between efficiency and fairness,rationally distribute housing security responsibility among individuals,social and state,and realize the coordination between economic development and housing security.The third part(chapter III /IV /V)of this paper focus on how to implement this reform: How to build a socialized housing rental market,How to construct a lesseedominant legal system,as well as,How to take concerted actions to this reform.Chapter III points out that to build a socialized housing rental market,it is necessary to combine the powers of the state,individual and society,mobilize whole social forces to participate in the reform.First of all,should break the isolation fence between the two housing rental markets(the commodity housing rental market and the security housing rental market),implement monetized housing security system,and establish a unitary housing rental market.Secondly,we should expand the supply structure of the housing rental market,encourage urban households,rural collection organization,government and enterprise participate in housing rental market.Finally,should promote the housing rental intermediary services,encourage capital market support rental housing projects,and kick-start the securitization market of real estate.Chapter VI points out that to construct a lessee-dominant legal system,is to give lessee rights to against the leaser and third person,strengthen the dominant rights of leasehold,endow the leasehold with quasi real rights status.The reform task can divided into three steps: First,within the system of contract law,make a difference between residential lease and operating lease,make the rules of residential lease specialized from the general theory of Contract Law.Second,within the residential lease,further distinguish the family live lease and non-family live lease;endow the leasehold of family live lease with quasi rights status.All the type leaseholds of non-family live lease surrounded family live lease as the core,and are conferred different levels of potency.Third,the potency of quasi real rights takes register as the prerequisite,which means: the leasehold(of family live lease)has the public faith and forces of recourse,exclusive,priority with register.Fourth,establish special contract rules,which arrow down the leaser's rescission rights,including statutory rescission rights,contractual rescission rights,and discretionary rescission rights.Fifth,the lessor's tolerance obligations shall be added,which could coordinate the interests conflict between the lessor and the lessee in the daily management and use of the house fairly.Chapter V points out that to construct the new housing system,it is necessary to reform other related systems.First,in view of emergency situation,must establish social control systems,includes a market(occasional)control system which ensure the rental price ranges in the reasonable scope even in the special period,a behavior control system which prevent the middleman landlord phenomenon,in order to guarantee the housing rental market functions orderly.Second,improve the housing rental market management system.The housing rental registration system will be incorporated into the real estate registration system,and the housing leasing credit system will be established to improve the housing leasing business condition.Housing rental trading platform must be meliorated to increase the safety,efficiency and stability of China's housing rental market.Third,reform the social management systems which related to the housing rental market,such as household registration system and housing provident fund system.