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Study Of The Legal System Of China's Housing Security

Posted on:2010-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:S C QuFull Text:PDF
GTID:2206360272493737Subject:Economic Law
Abstract/Summary:PDF Full Text Request
House is the basic thing for survival and development of human beings.Many of the world human rights pacts,such as Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights have affirmed the right to dwelling right as a basic human right for a long time.Derived from the Constitution,dwelling right is necessary to maintain the basic rights of survival.In the private law, dwelling right mainly refers to the ownership and other property rights of the house.Correspondingly,to protect dwelling fight is the obligation of the government in the legal system of housing guarantee.The government should play a leading role,emphasize the fair value over efficiency and give priority to the inferior groups.The government performs in a direct or an indirect way as the center of the system of housing guarantee,for example financial investments and tax incentives to encourage the participation of non-governmental organizations.The subjects of housing guarantee are low-income and middle-income groups.So are some special groups,such as migrant workers and junior civil servants.Middle-income groups should be the subjects in countries where income gap is relatively large.The governments in many countries and regions actively protect their citizens'dwelling right,forming many patterns with their own characteristics,such as market-oriented model in U.S.A.,government-led mode in Singapore and Hong Kong.These experiences and lessons have provided valuable references for us.It is widely recognized that government leading strategy and the rule of law are the principles in the system of housing guarantee.And different laws are carried on in different situations.Housing finance plays an important role in housing guarantee.The housing guarantee system of our country is consisted of the rules of low-rent house,economic suitable housing and housing provident fund. Government regulations,department rules and regulations,which are chaotic and relatively low level,are the main body in the legal system.The low-rent house and economic suitable housing systems have covered only a small proportion of people and the financial system is backward.In this paper,some suggestions are put forward to improve the legal system referring to the legislation,specific systems and legal liabilities. Exploration into the government's responsibilities and obligations of the way to build a government-led multi-level housing guarantee system is also mentioned.
Keywords/Search Tags:Dwelling right, Housing guarantee, Housing finance, Low-rent house, Economic suitable housing, Housing provident fund
PDF Full Text Request
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