On Legal Issues Of Low-rent Housing In Our Country

To respect, protect and realize the residential rights of citizens are the political responsibilities and legal obligations of our country, and to establish and improve low-rent housing system are important measures for our country to assume its obligations. Our country is currently working on building a harmonious society and promoting the coordinating urban and rural development actively; so the research on low-rent housing system in this context has great theoretical signification and practical value. Theoretically , the theory of low-rent housing security system of our country can be enriched and improved; practically, on the one hand, it can improve the structure of housing supply system in our country and promote the healthy development of real estate; on the other hand, to promote the construction of low-cost housing vigorously can stimulate the economy, boost domestic demand and deal with the financial crisis easily, so as to promote economic development and safeguarding social stability.China has preliminarily set up the low-rent housing system in most areas and has achieved a certain degree of social effects after more than ten years' exploration. However, there are many legal questions such as lower-level legislation, weak protection of low-rent housing caused by inadequate supply of land and housing shortages, the lack of funds to protect low-rent housing and the relatively narrow security coverage; one-sided pursuit of monetary subsidies in security methods; the procedure of the allocation of housing for rent is secret imperfect exit mechanism as well as the deficiency of connection system during the rental process; minor legal responsibility of the government, the implementation agencies of low-rent housing, as well as the applicants.Therefore, in order to give full play to the role of low-rent housing system, and to legalize the low-rent housing system. It is to intensify efforts to protect low-rent housing, to expand the ratio of housing rent and to adjust monetary subsidies dynamically by improving the level of low-rent housing legislation. And it is also necessary to set up long-run allocation of low-cost rental housing as well as a strict liability system in order to realize the virtuous circle of low-rent housing security system. The paper has researched and considered the improvement of low-rent housing system in our country from the above aspects and has put forward some legislative suggestions. In the paper, there are about 30,000 words. With theexception of the introduction and conclusions, it is divided into three parts:The first part is an overview of low-rent housing, which focuses on the analysis of the security methods, the system functions of low-rent housing and the analysis of leading position of government in low-cost rental housing from the concept analysis of housing and rental housing, housing and low-rent housing.The second part discusses the legal issues faced by low-rent housing in our country. First, legislation is in low-level, because the relevant provisions of low-rent housing in our country are generally the State Council regulations, whose legal force is comparatively low. Second, weak security of low-rent housing is analyzed because of inadequate supply of land and housing shortages, the lack of funds to protect low-rent housing, the relatively narrow coverage. Therefore, on the one hand it causes disruption of low-rent housing construction; on the other hand, it cannot embody the security functions of low-rent housing security funds very well. Third, it reveals that one-sided pursuit of monetary subsidies appeared at the security methods of low-rent housing in some areas, which results in the offset positioning in low-rent housing system. Fourth, it analyzes a range of issues such as the lack of exiting mechanisms and convergence mechanism, and the secret and unfair rent procedure existing in the process of low-rent housing rent. Fifth, it reveals that different subjects have minor legal duty in the security of low-rent housing.The third part explains the improvement of low-rent housing legislation in our country. First, aiming at the issue of the lower level legislation, we propose to raise the ranks of legislation, and to arrange and coordinate the concerned provisions on low-rent housing of each regulation to enable them to play a role in coordination. Second, because of the weak guarantee of low-rent housing, the supply of land shall be increased sources of low-rent housing funding should be ensured, financing models should be created innovatively, and the coverage of low-rent housing should be expanded gradually. Third, the proportion of housing rent should be expanded and monetary subsidies should be adjusted dynamically in the methods of security. Fourth, more attention should be paid to procedures of rent pay so as to ensure that the rental program is open, fair and impartial. On exiting and convergence in the mechanism, a strictly dynamic monitoring mechanism should be set up so as to ensure that the economy come in as well as get out to reach a degree of dynamic balance, which can be in line with the general commodity housing and affordable housing successfully. Fifth, during the supply of low-rent housing, renting, as well as the exiting and convergence mechanism, there should be a strict legal responsibility for government, the applicants and the implementation agencies of low-rent housing to take.