Research On Legal Attributes And Perfecting Path Of Housing Accumulation Fund

Housing is one kind of the most basic subsistence which closely bears onpeople’s dignityand happiness index. Almost all the countries in the world insist onresearching into thisworldwide problem. Housing is a kind of resource that directlyrelated to the social distribution system. Our country implemented a welfare-orientedpublic housing distribution system in the planned economy periodbefore the reformand opening-up. Along with the reform of the economic system, thewelfare-oriented housing distribution was gradually replaced by the monetaryhousing distribution system. The housing provident fund system came into being inthis context。Since the establishment of the housing provident fund system, it has made atremendous contribution to improving residential housing consumption capacity andsupporting the construction of the security housing. However, the defect in thesystem has gradually come to light with the rapid growth of the housing price andresidents’ strong demand for housing. The Execution of the system deviates from theoriginal designed goal of housing security. A series of controversy over fairness evencause some people to doubt the rationality of the system’s existence.Fundamentally,the reason for all these problems is that the legal characteristic of the fund and thefunctional orientation of the system are unclear. Under this situation, the relative lawcannot be improved while the housing provident fund system is developing.This article discusses the background and current situation of the housingprovident fund system. Furthermore, it combs the Legislative situation analyzes themain problems in both the housing fund system and the legal system. This article tryto explain that the uncertainty of the legal characteristic of the fund and thefunctional orientation of the system lead to all of the questions. Several theories suchas citizens’right to adequate housing, compulsory savings,and mutual aid mechanismare all used. With a combination of the theories, this paper proposes that the housingprovident fund is a special individual housing fund based on compulsory savings.The fund belong to all the workers.at the same time, it has three pivotal values ofproperties including security, mutuality and mandatory. Housing provident fundsystem should be positioned as a housing security system, and the policy of housing finance is a means to achieve the objective of housing security.Here the author gives personal opinion through the research–the housingprovident fund should be designed under the background of the entire housingsecurity system.at one side, it should give full play to its own advantages, on theother side, it should establish a linkage mechanism with other housing securitysystem to insure citizens’ right to adequate housing. The article makes some specificsuggestions to ameliorate the housing provident fund system. Finally, the paperemphasizes that implementation of the system reform must start from legislation.Enhancing the legislative level is necessary.making a special “housing providentfund law” or a unified “Housing Security Law” become an irreparable trend.