Study On Legal System Of Chinese Affordable Housing

In recent years, with the rapid development of real estate industry in our country, the price of house is increasing quickly,but the personal income growth is relatively insignificant. Housing problem has already become the focus of attention, and must be solved in no time for Chinese residents.As an important part of indemnificatory housing policy, affordable housing policy becomes an important measure that government adopts to solve the housing problem of the middle and low income family, promote urban housing system reform, and realize the harmonious development of the real estate industry and the national economy. Affordable housing system can make up for the defects of market economy, maintain the social stability and unity, and promote the healthy development of the housing industry and economy. But in the process of implementation, due to the lack of laws regulating the affordable housing policy, the law system of housing security in our country is still imperfect having many legal loopholes and imperfections, such as loose application problems and no big difference in the price between the affordable houses and the commodity houses etc.. Affordable housing is a very important part of China's housing security system.However, because the relating legislation and supporting system is not perfect, the current law system still has a lot of problems in theory as well as in practice. Based on our country's existing relevant laws and regulations, this thesis systematically studies the legislative situation, process and problems in the practice of the affordable housing legal system. Learning from foreign legal regulations and successful experiences, this thesis comprehensively analyzes the legal system of our affordable housing policy, and strives to work out a set of ideas to improve it, so it can bring the best of its policy benefit. In the end, the author puts forward some suggestions and countermeasures on the improvement of the legal system of our affordable housing policy.The author tries to innovate from the following aspects. The first one is the theme. In China affordable housing becomes the focus of attention from all walks of life and is also the hot areas of theoretical research. However, at present in China there are no systematic legal systems to regulate the affordable housing policy, and only a few treatise and literature on the legal system of the affordable housing from the economic law perspectives. The second one is the analysis techniques. The author tries to make a horizontal comparison of the domestic and foreign legal systems of the affordable housing policies and analyze the current problems according to our national situations.The third one is the research content innovation. Based on the above research the author brings about the areas to improve and puts forward some innovative suggestions on the improvement of our current legal system of the affordable housing policy. This paper consists of six parts with about 24000 Chinese characters. The first part is the introduction.It introduces the background and idea of this thesis , existing accomplishment of research , the innovation points and the difficulty in writing.The second part is the overview of the legal system of the affordable housing. Firstly it clarifies the definition, characteristics of the affordable housing as well as its roles in house ensuring through comparison of the commodity housing and low-rent housing. Then it analyses the status and functions of the legal system in the affordable housing policy. From that we can see it is of great necessity to enhance our affordable housing legal system.The third part introduces the present situation of the legal system of affordable housing in our country. On the one hand it introduces the provisions of the legal system of the affordable housing, and affirms the achievements made since the implementation of the affordable housing legal system by examples. On the other hand it is focused on the research of the existing problems of the legal system mainly including that it is unfair in obtaining the qualifications to buy affordable houses due to lack of provisions on the qualification examination and supervision of those who applying to get affordable houses. It becomes a means to gain profit for some people by making fast bucks out of it because the withdraw mechanism of the economic house is still imperfect. The affordable house is not economic because it cannot ensure the house area and price standard are strictly in accordance with the relating provisions. The imperfect provision of the banks'trust and investment in economic houses makes it difficult to get loans from the banks for the low and middle income families. This part gives an in-depth analysis on the consequences and the root causes of these problems.The fourth part is about what experiences we can learn from some developed countries and regions in the legal systems of the affordable housing. It introduces the affordable housing legal systems of the U.S., Britain, South Korea, Singapore and China Hong Kong and then makes clear what we can learn from these countries and regions.The fifth part is about the suggestions to improve our legal system of the affordable housing. Based on the study and analysis of our affordable housing legal system, our national situations as well as the successful experiences we can learn from foreign legal systems, this part brings about countermeasures to improve our legal system of the affordable housing including making laws and improving corresponding policies, establishing strict examination and supervision mechanism, making reasonable distribution methods, forbidding private transactions between individuals, withdrawing and re-allotting economic houses by government, strictly controlling area and price of economic houses, promoting common property rights policy and adjusting affordable house purchase through bank loans and tax policy etc..The sixth part is summary. It is of top priority to address to the housing problems of the middle and low income families. In market economy, it is an effective way to satisfy the needs of the middle-and-low-income families by establishing and improving multi-level housing security system taking affordable housing system as a core. Therefore, it is of great significance to study the legal system of our affordable housing both in theory and practice.