Study On The Legal System Of Housing Public Accumulation Fund Of China

Housing is one of the most basic survival needs, its primary function derived from basic human rights should be protected. Housing is of the commodity and the welfare. By the market mechanism itself, its one-way model of development can not take into account people's basic survival needs, the government should protect the basic survival needs which are regarded as basic human rights to housing. The current housing finance system contains a commercial housing finance system and policy-oriented housing finance system. The core of the finance is the inter-time exchange of value across space. For the special nature of the housing is concerned, the nature of the finance relives the immovability of the housing, and provides sufficient possibilities for the realization of rational allocation of resources. As a policy-oriented housing finance system, the system of housing public accumulation fund, the possible need to strengthen community capacity to the most appropriate tool for popping up, its presence and implementing the decision of the utility value of the concept of development based on free expression.The paper divides into five parts:The first part analyzes the nature of the housing public accumulation fund and the connotation of the legal system of housing public accumulation fund. The feature of the housing public accumulation fund is protective, mutual aid and mandatory. The legal system of housing public accumulation fund is the product of the housing reform. From the distribution of the objects to the allocation of the fund, the basis of the function, the value orientation and the function of the legal system of housing public accumulation fund have changed, and a gradual shift from the housing reform of measures for the housing security system.The second part analyzes the legal system of housing public accumulation fund, from the perspective of efficiency and equity perspective. First of all, four aspects of the legal system of housing public accumulation fund show their inefficiency:the problems of relevant bodies involved in the housing public accumulation fund; management fees of the housing public accumulation fund, low-cost housing construction funds and the nature of financial resources confuse; the housing public accumulation fund monitoring mechanisms becomes a mere formality; the procedures of applying for the housing public accumulation fund is complicated. Secondly, three aspects of the legal system of housing public accumulation fund show their unfair:The interest rate of housing public accumulation fund operating mode is unreasonable; The allocation of housing public accumulation fund is not a balanced regional development; The punishment mechanism of the legal system of housing public accumulation fund is not sound.The third part introduces and analyzes foreign regulations. This government intervention and market mechanisms based on a combination of different classification methods were introduced:market-led model of the U.S, market-oriented model of the United Kingdom, Japan and Germany, France, represented by a strong government combined with the market and Singapore fully government-led. With China's real estate market and the financial markets, the actual situation in that part of the main purpose is to investigate the relevant institutions abroad. The system of housing public accumulation fund should be increased to the legal level. The Government should strengthen its dominant position in the housing security, set up specialized housing finance institutions, as well as learn from the German system of housing savings.The fourth part is the housing public accumulation fund system in the framework of the legal structure and the construction of the main content. The legislation of housing public accumulation fund is for institutions and organizations and operations to adjust both the organic integration and unity. The legislation needs to make the provisions of legal status, responsibility, authority, capital formation and so on. At the same time, from the perspective this article also provides some of the specific suggestions of the legal system of housing public accumulation fund.This paper attempts to explore the philosophy and operating rules of the legal system of housing public accumulation fund from the vertical and horizontal roads to build, and try to build the legal system of housing public accumulation fund which is through the fair and reflects the efficiency.