A Research On The Nature Of Jus Utendi Of China's State-owned Housing And Its Related Legal Problems

State-owned housing project was an outcome of China's housing system which was carried out with a high welfare and low rent under the former planning economic system. While reforms on the state-owned housing system have been taken during the last decade, people get more and more bewildered by the question that what're the rights they have, however, over the state-owned house they've been living in and leasing years round. In the courtroom, many new problems occurred concerning the application of law when problems like these are involved, whether the jus utendi of the state-owned house can be traded on the market with consideration, or is it lawful to divide the value of the jus utendi in a divorce case, etc. Therefore, debates arise among judges and academic circle on the question whether the jus utendi is an obligatory right or a property right.Based on the above-mentioned background, this essay is to research on the legal nature of jus utendi of state-owned housing through the analysis of China's housing project reform and changes of related law system. The research may help judges enrich their thoughts when dealing with relevant disputes, and it also gives tentative proposal on setting up rights and duties involved in the jus utendi of the state-owned housing in future practice.In the first part of this essay, definitions are given to the concepts such as state-owned housing and its jus utendi while a primary analysis is made to find the cause of the current bewilderment of the nature of the jus utendi of the state-owned housing. Besides, this part indicates the clew linking the entire research.The second part of the essay focuses on the history of China's state-owned housing system, tendency of its reform policy and the future function of this system. Also, it collects related laws and regulations concerning the jus utendi of state-owned housing, seeking the changes and improvements.In the beginning of the third part, various academic views on the legal nature of the jus utendi of current state-owned housing system are introduced, and corresponding argumentation and analysis are made afterwards. Combined with the description of the changing function of the housing system as well as changes and development of related laws and regulations stated in the previous section, the essay gives an opinion on the legal nature of jus utendi of the state-owned housing in China.The fourth part puts together solutions to major types of disputes in current judicial practice regarding jus utendi of the state-owned housing.The fifth part of this essay provides a tentative proposal on the rights and duties involved in the future system of jus utendi of state-owned housing after changing its function orientation.