The Research On Rental Right Of China's Public Housing

In China, public housing is the public ownership product as a necessary means of livelihood been distributed by the government, with obvious welfare. Although public housing rent has existed for decades, there is controversy in theory and practice circle because it is one particular tenancy right. Is the rental right of public housing property or claim? There is very important practical significance on how to deal with it in the transfer, inheritance, removal and relocation compensation and other issues. The paper draws a conclusion that the rental right of public housing belongs to the building usufructuary right by analyzing. This conclusion applies to the real world can ease the disputes and conflicts of the public housing rent, as well as better protect the rights of public housing renter. Also, it can play a good social support functions.In the first part of this paper, definitions are given to the concepts such as public housing and public housing rental right. In this part historical evolution of the legal system of the public housing rental right is introduced. Besides, this part leads to an understanding of market goods and private rights nature of public housing rental right.The second part of the paper analyzes the property nature of the public housing rental right emphatically, and sums up an opinion on the public housing rental right belongs to the building usufructuary right.The third part puts together solving opinions to major types of legal practice problem of the public housing rental right, such as inheritance, changing renter, removal and relocation compensation and so on.The fourth part analyzes the social assistance and protection functions of the public housing rental right, and provides proposals on further protection of the right of renter and cohabitants.