Law And Economics Research On The Housing Rights Legislation Of Social Security

Housing is a basic human right. It refers the right that all members of society access to residential use or ownership, and the right of continuous improvement of living conditions. Housing Rights not only requires laws'strict protection, but also needs citizens to realize through market purchase, cooperation and social basic residential security ways. Social Security Law Housing Rights (also known as: Residential Security Act) aims to define the rights and obligations of all members of society, employers, housing supply agencies and government through the construction of the legal system; to coordinate the social relations through the law, to protect the citizens'housing rights, and ultimately build a"Housing"harmonious society.The first chapter mainly describes the legislative meaning of domestic security law. It elaborates the nature and the implemented conditions of"Housing Rights"and"Residential Security Law". It distinguishes the similarities and differences between"Residential Rights"and"Housing Rights". In other words, the constitution status of human rights of"Resident Rights"is higher than the civil status of"Housing Rights". Meanwhile, it explains the residential properties and the quasi-public product attributes (also known as social housing properties). And it also describes the residential dual properties (product attributes and properties of quasi-public goods) and double housing supply system.The second chapter is mainly about the economic analysis of"Residential Security Act"legislation. It analyzes two issues from an economic perspective: first, inadequate supply of affordable housing. Demand for housing does not change according to the difference of citizens'income. It results that housing construction expands excessively because of the high commercial profits and the current efficiency for first development plan. Scarce housing resources make severe shortage of housing supply adapting to the level of middle income housing needs. Second, the excessive expansion of domestic commodity markets produces negative externalities to protection of residential market. The negative externalities in this chapter are the cause of housing supply shortage. Combined with Coase's ideas, this chapter briefly discusses how to solve the problem of negative externalities through the legal status of the housing market defined by legislation and through affordable housing market compensation for construction of the housing market.The third chapter is about the experience and the reference of foreign advanced housing system. The previous section of this chapter mainly discusses the experience of two countries, the United Kingdom and Singapore, in the construction of residential systems. It describes from the financial system and housing management system. The second section sums up the inspiration of advanced experience to the housing rights protection system in China. It summarizes from three aspects: improve the housing legislation, strengthen government regulation, and legislate to define the responsibilities of housing management and regulatory bodies.The fourth chapter gives some suggestions about the construction of housing rights protection system, combining with the previous three chapters. The legal advice in this chapter is to make up for legal vacancies of current"Residential Rights". First of all, it defines that the status of human rights in"Housing Rights"is not only the ultimate goal of perfecting housing system, but also the effective legal basis in the process of improving housing system. Secondly, the government is the main provider of quasi-public goods, and affordable housing is quasi-public goods, so that the government has an obligation to provide citizens with affordable housing, also have an obligation to protect the supervisory orderly development of the housing market. Thirdly, the law explicitly protects the absolute legal status of the housing market supply system. It is the premise for perfecting the healthy development of the housing market. After the absolute legal status of effective supply of affordable housing system is established, any interest groups with negative externalities or those improper occupants or wasters must compensate for effective supply of affordable housing system.