A Research On The Cohesion System Of Affordable Housing And Commodity Housing

The establishment of cohesion institution between affordable housing system and commodity housing system is a systematic issue.Since the 1990 s,China has experienced the transformation from housing welfare distribution to housing marketization and then to housing dual-track system,and gradually formed the “dual housing” system with the coexistence of commodity housing system and affordable housing system.However,China’s housing regulation system and legal system are far from being shaped.The affordable housing system with limited property rights has not been supported by civil basic law,except for commodity housing.And the connection between the dual housing system is lack of a unified theoretical basis.In the new period.The amount of house in China is saturated,and the structural problems of housing market are prominent.So in the background of a serious of major national real estate system development strategies,such as “houses are for living,not for speculation”,“the equality for rental and sale rights” and “collective-owned construction land marketization”,it is of great theoretical and practical significant to think about the joint relationship and property rules of the “dual housing” system.Therefore,this article with the title “A research on the cohesion system between affordable housing and commercial housing”,is committed to the construction of the joint housing system,and it is divided into 8 chapters.The first chapter of this paper describes the general situation of the study,focusing on “why study” this problem.This chapter points out that the orientation of the housing top level design in the new period is basically fixed,and our country is faced with the problem of transition from the old “dual housing” system to the new“dual housing” system.Microscopically,it is urgent to study the connection system between each kind of social housing and commercial housing.There have been many studies about the social housing system or commercial housing system,urban housing system or rural housing system in single dimension.In term of the new system choice collection,our country “dual housing” system faces the new opportunity and the challenge in three aspects,such as the research perspective,the theory viewpoint and the concrete policy.The second chapter mainly deals with the construction of the theoretical framework.This chapter defines the affordable housing as the housing with limited property rights provided by the government to meet the housing needs of low-and middle-income families from the perspective of law and economics.This definition shows the difference of property right between social housing and commercial housing,the unity of urban and rural social housing,and the heterogeneity of social housing in the period of planned economy.According to the definition,the classification of limited property right housing,rental property right housing and common property right housing is proposed.By analyzing the concepts of “system”,“system connection” and “ cohesion system”,it is clear that “system connection”corresponds to the second level of “system”,“cohesion system” corresponds to the third level of “system”.“cohesion system” is the object of study of “system connection”,and the institutionalization of transmission mechanism of “system connection”,as well as an important means to achieve “system connection”.Based on the research of the second and third sections,this paper puts forward the following theoretical viewpoints: first,the commercial housing system reflects the market mechanism,and social housing system is the balance mechanism of fairness and justice.The convergence of the dual housing systems is oriented to improve the overall quality of housing.Second,China is still in the primary stage of socialism,the productivity development level is not enough to achieve social distribution on demand.Maintaining a moderate housing gap is conducive to stimulating productive efficiency,but it must be premised on equal housing opportunities.Therefore,the convergence of the “dual housing” system includes not only removing the institutional factors that affect the functioning of the market mechanism,but also completing the shortcomings of the affordable housing system.The ultimate goal is to establish a modern housing property rights system that is compatible with the current productive forces and relations of production,and with population and resource conservation.In chapter 3,this chapter reviews the practical experience of the joint of the “two housing” in the foreign countries,and summarizes the common experience of the joint of the “two housing” in the civil law system and the common law system.On this basis,through the comparative analysis of China and other countries in the “two housing” in the gap between the system and the local characteristics to find our convergence point.It is found that the convergence of the two housing systems in foreign countries at present attaches importance to the legal regulation of the affordable housing system,and simultaneously prevents the “surplus” and “welfare trap” of the housing security system,a multi-level housing tenure system with leasehold property right as the core has been established.Compared with foreign countries,China’s progressive housing system,although it has the common characteristics of the changes of the “two housing” system in foreign countries,at present there are two important connecting problems.The first is the difference and coordination between urban and rural “two houses” system,and the second is the transition and reconstruction of the old “two housing” system.These two points of intersection together with the theoretical framework proposed in the second chapter of this paper form the analytical framework of the following text.In chapter 4,the connection system of limited property right affordable housing and commodity housing is studied emphatically.By studying the institutional changes of the limited right affordable housing,we can find that although limited right affordable housing executed by housing commercialization reform and double-tracksystem housing share the same name,they are different.The current limited right affordable housing and commodity housing convergence rules are embodied in three aspects,namely transfer rules of allocated land use rights,circulation lock-up period rules and the supplementary payment of land revenue rules.It is found that the applicable object of the current transfer system of land use rights in China is actually the traditional transfer of land use rights before the establishment of the transfer system of land use rights,which does not distinguish between business and public welfare;“Circulation lock-up period” is the precondition for the transformation of affordable housing from limited property rights to full property rights;There is no distinction between “housing withdrawal” and “housing transaction” in the rules of land assignment payment.As the housing returned to farmers after the expropriation of rural housing,the transaction subject of collective reserved land resettlement housing is limited by identity.Even if the resettlement housing is defined as affordable housing in some cities,the property rights rules of affordable housing cannot apply to collective reserved land resettlement housing.The differential disposal stems from the urban-rural dual land system and the household registration system.In chapter 5,based on the evolution rule of the property right of housing lease in China,it can be found that logically,the intensity of China’s housing rental property rights shape U that experiences high level,low level and high level again.However,from the perspective of “tenants enjoy the same rights as home buyers”,rental property affordable housing has not made adaptive changes with the development process.Now there are three aspects of the problem of convergence: First of all,in the acquisition system,after the merger of low-rent housing and public rental housing,the entry mechanism with no distinction cannot reflect the differences among the lowestincome families,low and middle income personnel and migrant workers.Whether one can get the qualification of long-term rental property rights is uncertain.Second,in the use system,creditor lease rights do not have the same residential value as housing ownership rights objectively.Finally,in the exit system,the single “transitional”system orientation of rental property affordable housing objectively leads to the convergence problems of “poverty-returning for withdrawal”,“uninsured”,“misplacement between supply and demand”.In the part of building public rental housing on collective land,this paper introduces a case study of Qing quan zhen Huayuan Cun,in Chengdu city.Through the game analysis,it is found that under the current legal system,there are three possible ways for the collective-owned construction land marketization,namely market entry transfer,land acquisition transfer and private transfer.Whether the job of building long-term rental affordable housing on collective land is successful depends on the decision of government and farmers,and the collective and enterprises are only game participants.Therefore,to build rental property affordable housing on collective land,it is necessary to coordinate the government’s land acquisition rights,planning rights and collective land development rights,the profitability and affordable of collective land rental housing and the contradiction between farmers’ property income and government revenue.In chapter 6,drawing on the method of comparative institutional performance analysis put forward by Ostrom,on the basis of field research in Cheng yang District,Qingdao,the analysis of the system connection between the shared ownership housing and the commercial housing is carried out by three models.The study finds that in terms of efficiency,the open circulation affordable housing model is more sustainable,and it is most similar to the co-ownership by share property system in Civil Code and affordable system.It is expected to realize the innovation of shared ownership property housing system with minimum cost on the basis of affordable housing system.Although the closed circulation model is inefficient,it is fair as its model is closed,which is not only conducive to maintaining the supply of shared ownership property housing but also conducive to the pilot of shared ownership housing on collective land under the policy constraint of “collective land cannot be used for commodity housing”.However,under the current institutional framework,collective land shared ownership property housing faces triple institutional obstacles,namely limitation of the scope of collective-owned construction land marketization,the conflict between “affordable”and “profit-making”,and the problem of effectiveness of collective-owned construction land.In chapter 7,based on the research conclusion from chapter 4 to chapter 6,combining the analysis conclusion of chapter 3 and the current legislation foundation of our country,the concrete optimization path of core system and supporting rules is put forward,and its feasibility is demonstrated.Macroscopically,the framework of the transition from the old “dual housing” system to the new “dual housing” system is set up.From the meso-view,a multi-level tenure system with the subject of lease right,usufructuary right of long-term lease,shared ownership rights and ownership is constructed.Microscopically,it refines the joint rules of the dual housing systems.The eighth chapter summarizes the conclusion of the study and puts forward the research space related to the convergence of the dual housing systems in the future.This article has carried on the innovative work in the research perspective,the academic viewpoint and the research method: first of all,this paper from the macromicro,urban-rural,lease-purchase of these three sets of relations,discussed the "dual housing" cohesion system.Macroscopically,it provides a new analysis frame for practicing the thought of “housing is for living in,not speculation”,and microscopically,it provides a concrete solution for perfecting the modern property right system of housing in our country.The next,this paper reconsiders the connotation of social housing,and constructs a theoretical analysis framework covering urban and rural residents and land elements according to the new definition and classification.On the basis of studying and analyzing the ideas of Marxist classical housing view and socialist core values,the article proposes that "housing is for living,not speculation" does not negate the marketization of housing,but puts more emphasis on the use value of housing,housing speculation and vacancy are not in line with connotation.At the same time,a new optimization path is proposed for the existing property rights rules.This paper puts forward: the ideas of classifying and reconstructing the rules of housing transition;the methods of reconstructing the rules of housing transition under the limited property right system;expanding the path of market-oriented housing market with market-oriented housing right;the optimization path of closed circulation of common property right housing and open circulation of common property right housing;the conditions and procedures of the transformation from homestead land to collective productive construction land.At the same time,this paper puts forward four ways to optimize the supporting system,such as unified urban and rural residence permit system,implementation of property tax and vacancy tax,establishing a decision-making mechanism for people’s livelihood projects and a system for family members to share the legal right of residence.